Delaware Register
of
Regulations
Issue Date: June 1, 2003
Volume 6 Issue 12 Pages 1527 - 1749
IN THIS ISSUE:
Regulations:
Proposed
Final
Governor
Appointments
General Notices
Calendar of Events &
Hearing Notices
Pursuant to 29 Del.C. Chapter 11, Subchapter III, this issue of the Register contains
all documents required to be published, and received, on or before May 15, 2003.
INFORMATION ABOUT THE DELAWARE
1528 REGISTER OF REGULATIONS
DELAWARE REGISTER OF
REGULATIONS
The Delaware Register of Regulations is an
official State publication established by authority
of 69 Del. Laws, c. 107 and is published on the
first of each month throughout the year.
The Delaware Register will publish any
regulations that are proposed to be adopted,
amended or repealed and any emergency
regulations promulgated.
The Register will also publish some or all of
the following information:
• Governor's Executive Orders
• Governor's Appointments
• Attorney General's Opinions in full text
• Agency Hearing and Meeting Notices
• Other documents considered to be in the
public interest.
CITATION TO THE
DELAWARE REGISTER
The Delaware Register of Regulations is
cited by volume, issue, page number and date. An
example would be:
6 DE Reg. 279 - 280 (09/01/02)
Refers to Volume 6, pages 279 - 280 of the
Delaware Register issued on September 1, 2002.
SUBSCRIPTION INFORMATION
The cost of a yearly subscription (12 issues)
for the Delaware Register of Regulations is
$135.00. Single copies are available at a cost of
$12.00 per issue, including postage. For more
information contact the Division of Research at
302-744-4114 or 1-800-282-8545 in Delaware.
CITIZEN PARTICIPATION IN THE
REGULATORY PROCESS
Delaware citizens and other interested parties
may participate in the process by which
administrative regulations are adopted, amended
or repealed, and may initiate the process by which
the validity and applicability of regulations is
determined.
Under 29 Del.C. §10115 whenever an
agency proposes to formulate, adopt, amend or
repeal a regulation, it shall file notice and full text
of such proposals, together with copies of the
existing regulation being adopted, amended or
repealed, with the Registrar for publication in the
Register of Regulations pursuant to §1134 of this
title. The notice shall describe the nature of the
proceedings including a brief synopsis of the
subject, substance, issues, possible terms of the
agency action, a reference to the legal authority of
the agency to act, and reference to any other
regulations that may be impacted or affected by
the proposal, and shall state the manner in which
persons may present their views; if in writing, of
the place to which and the final date by which such
views may be submitted; or if at a public hearing,
the date, time and place of the hearing. If a public
hearing is to be held, such public hearing shall not
be scheduled less than 20 days following
publication of notice of the proposal in the
Register of Regulations. If a public hearing will
be held on the proposal, notice of the time, date,
place and a summary of the nature of the proposal
shall also be published in at least 2 Delaware
newspapers of general circulation. The notice
shall also be mailed to all persons who have made
timely written requests of the agency for advance
notice of its regulation-making proceedings.
The opportunity for public comment shall be
held open for a minimum of 30 days after the
proposal is published in the Register of
Regulations. At the conclusion of all hearings and
after receipt, within the time allowed, of all written
materials, upon all the testimonial and written
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
INFORMATION ABOUT THE DELAWARE 1529
REGISTER OF REGULATIONS
evidence and information submitted, together with unless a complaint therefor is filed in the Court
summaries of the evidence and information by within 30 days of the day the agency order with
subordinates, the agency shall determine whether respect to the regulation was published in the
a regulation should be adopted, amended or Register of Regulations.
repealed and shall issue its conclusion in an order
which shall include: (1) A brief summary of the
evidence and information submitted; (2) A brief
summary of its findings of fact with respect to the
evidence and information, except where a rule of CLOSING DATES AND ISSUE DATES procedure is being adopted or amended; (3) A
decision to adopt, amend or repeal a regulation or FOR THE DELAWARE REGISTER
to take no action and the decision shall be OF REGULATIONS
supported by its findings on the evidence and
information received; (4) The exact text and ISSUE CLOSING CLOSING
citation of such regulation adopted, amended or DATE DATE TIME
repealed; (5) The effective date of the order; (6)
Any other findings or conclusions required by the
law under which the agency has authority to act; JULY 1 JUNE 15 4:30 P.M.
and (7) The signature of at least a quorum of the
agency members. AUGUST 1 JULY 15 4:30 P.M.
The effective date of an order which adopts, SEPTEMBER 1 AUGUST 15 4:30 P.M.
amends or repeals a regulation shall be not less
than 10 days from the date the order adopting, OCTOBER 1 SEPTEMBER 15 4:30 P.M.
amending or repealing a regulation has been published
in its final form in the Register of Regula- NOVEMBER 1 OCTOBER 15 4:30 P.M.
tions, unless such adoption, amendment or repeal
qualifies as an emergency under §10119.
DIVISION OF RESEARCH STAFF:
Any person aggrieved by and claiming the
unlawfulness of any regulation may bring an Walter G. Feindt, Deputy Director; Judi
action in the Court for declaratory relief. Abbott, Secretary; Sandra F. Clark,
Administrative Assistant; Jeffrey W. Hague,
No action of an agency with respect to the Registrar of Regulations; Ruth Ann Melson,
making or consideration of a proposed adoption, Legislative Librarian; Deborah J. Messina, Print
amendment or repeal of a regulation shall be sub- Shop Supervisor; Kathleen Morris, Operations
ject to review until final agency action on the pro- Support Specialist; Alex W. Mull, Assistant
posal has been taken. Registrar of Regulations; Deborah A. Porter,
Interim Supervisor; Lisa Schieffert, Research
When any regulation is the subject of an Analyst; Victoria Schultes, Administrative
enforcement action in the Court, the lawfulness of Assistant; Ted Segletes, Paralegal; Don Sellers,
such regulation may be reviewed by the Court as a Printer; Alice W. Stark, Legislative Attorney;
defense in the action. Marvin L. Stayton, Printer; Rochelle Yerkes,
Senior Secretary.
Except as provided in the preceding section,
no judicial review of a regulation is available
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1530 TABLE OF CONTENTS
Cumulative Tables................................................. ....... 1532
PROPOSED
DEPARTMENT OF ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
Board of Nursing................................................... ....... 1541
DEPARTMENT OF AGRICULTURE
703 Mandatory Nutrient Management Plan
Reporting Implementation Regulation........... ....... 1542
THOROUGHBRED RACING COMMISSION
Rule 1.28, Meeting, Rule 3.02, Appointment of
Stewards, Rule 19.01, Procedure
Before Stewards............................................. ....... 1543
DEPARTMENT OF EDUCATION
605 Student Rights and Responsibilities............... ....... 1551
905 Federal Programs General Complaint
Procedures...................................................... ....... 1552
PROFESSIONAL STANDARDS BOARD
301 General Regulations for Certification of
Professional Public School Personnel............ ....... 1554
1530 Certification Administrative, School Principal 1580
1531 Certification Administrative, School Leader I.... 1580
1532 Certification Administrative, School Leader II... 1580
1507 Professional Growth Salary Increments....... ....... 1587
1511 Issuance And Renewal Of Continuing License... 1590
DEPARTMENT OF FINANCE
DIVISION OF REVENUE
Video Lottery, Section 5.0, Technology Providers:
Contracts; Requirements; Duties, Section 6.0,
Agents: Duties, Section 7.0, Game
Requirements................................................. ....... 1595
DEPARTMENT OF HEALTH & SOCIAL SERVICES
DIVISION OF LONG TERM CARE RESIDENTS PROTECTION
Reg.55.0, Neighborhood Homes for Persons with
Developmental Disabilities............................ ....... 1600
DIVISION OF SOCIAL SERVICES
DSSM:
14300 Citizenship And Alienage.................... ...... 1619
15120.2 Financial Eligibility.......................... ...... 1620
15200 Transitional Medicaid.......................... ...... 1621
DEPARTMENT OF NATURAL RESOURCES AND
ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
Delaware 1999 Milestone Compliance Demonstration
for Kent & New Castle Counties.................... ...... 1622
Amendments to Delaware Phase II Attainment
Demonstration for the Philadephia-Wilmington-
Trenton Ozone Non-attainment Area Including a
Revision of the 2005 Mobile Source Emission
Budgets Using MOBILE6.............................. ...... 1629
DIVISION OF FISH & WILDLIFE
Horseshoe Crab Regs., HC-1 thru HC-14.............. ...... 1634
FINAL
DELAWARE FIRE PREVENTION COMMISSION
Revisions to the 1997 Edition of the Delaware
State Fire Prevention Regulations.................. ...... 1638
DEPARTMENT OF ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
Council on Real Estate Appraisers........................ ...... 1668
DEPARTMENT OF EDUCATION
401 Major Capital Improvement Programs........... ...... 1669
405 Minor Capital Improvement Programs........... ...... 1672
831 Extended Illness.............................................. ...... 1673
1051 DSSAA, Senior High School Interscholastic
Athletic Eligibility Rules; .............................. ...... 1674
1052 DSSAA, Junior High/Middle School
Interscholastic Athletic Eligibility Rules........ ...... 1674
DEPARTMENT OF HEALTH & SOCIAL SERVICES
DIVISION OF PUBLIC HEALTH
Public Pools, Regulations Governing.................... ...... 1682
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
TABLE OF CONTENTS 1531
DEPARTMENT OF INSURANCE
Reg. 906 (Formerly 87), Use of Credit Information .... 1706
DEPARTMENT OF NATURAL RESOURCES AND
ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
Reg. No. 38, Emission Standards for Hazardous
Air Pollutants for Source Categories,
Subpart B........................................................ ....... 1713
Reg. 38, Emission Standards for Hazardous Air
Pollutants for Source Categories, Subpart RRR ... 1724
GOVERNOR
Appointments ....................................................... ....... 1733
GENERAL NOTICE
DEPARTMENT OF HEALTH & SOCIAL SERVICES
DIVISION OF SOCIAL SERVICES
DMAP: Rehabilitative Services/Community Support
Services Program.................................... ....... 1734
Temporary Assistance to Needy Families (TANF)
Caseload Reduction Credit Report................. ....... 1737
Medicaid/Medical Assistance Third Party
Liability (TPL) Program................................ ....... 1744
CALENDAR OF EVENTS/HEARING
Board of Nursing, Notice of Public Hearing......... ....... 1746
Dept. of Agriculture, Nutrient Management Program,
Notice of Public Comment Period.......... ....... 1746
Thoroughbred Racing Commission, Notice
of Public Hearing.................................... ....... 1746
State Board of Education, Notice of Monthly
Meeting ......................................................... ....... 1746
Dept. of Finance, Div. of Revenue, Office of the State
Lottery, Notice of Public Hearing.................. ....... 1746
Dept. of Health & Social Services,
Div. of Long Term Residents Protection,
Notice of Public Hearing........................ ....... 1747
Div. of Social Services, DSSM changes, Notice of
Public Comment Period ......................... ....... 1747
DNREC, Div of Air & Waste Management,
Demonstrating Adequate Progress toward
Attainment of the 1-Hour National Ambient
Air Quality Standard for Ground-Level
Ozone, Notice of Public Hearing.................... ...... 1748
Amendments To Delaware Phase II Attainment
Demonstration For The Philadephia-Wilmington-
Trenton Ozone Non-Attainment Area Including A
Revision Of The 2005 Mobile Source Emission Budgets
Using Mobile6, Notice of Public Hearing...... ...... 1748
Div. of Fish & Wildlife, Horseshoe Crab
Regulations, Notice of Public Hearing........... ...... 1748
Delaware River Basin Commission, Notice
of Meeting....................................................... ...... 1749
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
s
1532 CUMULATIVE TABLES
The table printed below lists the regulations that have been proposed, adopted, amended or repealed
in the preceding issues of the current volume of the Delaware Register of Regulations.
The regulations are listed alphabetically by the promulgating agency, followed by a citation to that
issue of the Register in which the regulation was published. Proposed regulations are designated with
(Prop.); Final regulations are designated with (Final); Emergency regulations are designated with
(Emer.); and regulations that have been repealed are designated with (Rep.).
DELAWARE COUNCIL ON POLICE TRAINING
Reg. II-16, Emergency Care & CPR Training............................................................................... 6 DE Reg. 722 (Prop.)
6 DE Reg. 949 (Final)
DELAWARE FIRE PREVENTION COMMISSION
Sec. XVII, Ambulance Company's Intent to Discontinue Service & Sec. XVII, Basic Life
Support Data Assessment Committee..................................................................................... 6 DE Reg. 87 (Final)
Revisions to the 1997 Edition of the Delaware State Fire Prevention Regulations....................... 6 DE Reg. 1264 (Prop.)
DELAWARE RIVER BASIN COMMISSION
Proposed Amendments to the Comprehensive Plan and the Water Code Relating to the
Operation of LakeWallenpaupack During DroughtWatch, Drought Warning and
Drought Conditions................................................................................................................. 6 DE Reg. 476 (Prop.)
DEPARTMENT OF ADMINISTRATIVE SERVICES
DIVISION OF FACILITIES MANAGEMENT
Regulations for the Annual Prequalification of Contractors & Subcontractors..................... 6 DE Reg. 998 (Prop.)
6 DE Reg. 1494 (Final)
DIVISION OF PROFESSIONAL REGULATION (TITLE 24 DELAWARE ADMINISTRATIVE CODE)
300 Board of Architects, Rules and Regulation............................................................. 6 DE Reg. 401 (Prop.)
6 DE Reg. 850 (Final)
700 Board of Chiropractic............................................................................................... 6 DE Reg. 270 (Final)
6 DE Reg. 831 (Prop.)
1000 Board of Pilot Commissioners.................................................................................. 6 DE Reg. 231 (Prop.)
6 DE Reg. 635 (Final)
1300 Board of Examiners of Private Investigators & Private Security Agencies............. 6 DE Reg. 124 (Prop.)
6 DE Reg. 637 (Final)
1400 Board of Electrical Examiners 6 DE Reg. 1004 (Prop.)
6 DE Reg. 1495 (Final)
1800 Board of Plumbing Examiners................................................................................. 6 DE Reg. 571 (Prop.)
6 DE Reg. 861 (Final)
1900 Board of Nursing...................................................................................................... 6 DE Reg. 722 (Prop.)
6 DE Reg. 1195 (Final)
2000 Board of Occupational Therapy, Rules and Regulations.......................................... 6 DE Reg. 270 (Final)
6 DE Reg. 410 (Prop.)
6 DE Reg. 1331(Final)
2500 Board of Pharmacy................................................................................................... 6 DE Reg. 480 (Final)
6 DE Reg. 908 (Prop.)
6 DE Reg. 1413 (Prop.
6 DE Reg. 1495 (Final)
2600 Board of Physical Therapists,.................................................................................. 6 DE Reg. 410 (Prop.)
2700 Board of Professional Land Surveyors..................................................................... 6 DE Reg. 271 (Final)
2900 Real Estate Commission........................................................................................... 6 DE Reg. 8 (Prop.)
2925 Real Estate Commission, Education Guidelines...................................................... 6 DE Reg. 272 (Final)
6 DE Reg. 516 (Final)
2930 Council on Real Estate Appraisers 6 DE Reg. 1009 (Prop.)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
CUMULATIVE TABLES 1533
3300 Board ofVeterinary Medicine.................................................................................. 6 DE Reg. 273 (Final)
6 DE Reg. 575 (Prop.)
6 DE Reg. 950 (Final)
3500 Board of Examiners of Psychologists....................................................................... 6 DE Reg. 727 (Prop.)
. 6 DE Reg. 1338 (Final)
3700 Board of Speech/Language Pathologists, Audiologists & Hearing Aid Dispensers 6 DE Reg. 912 (Prop.)
6 DE Reg. 1340 (Final)
5300 Board of Massage and Bodywork............................................................................ 6 DE Reg. 1295(Prop.)
Merit Employee Relations Board
Rule 10, Certification.............................................................................................................. 6 DE Reg. 728 (Prop.)
Public Service Commission
Regulations Governing Pay phone Service Providers &
Providers of Operator Services for Pay phones........................................................ 6 DE Reg. 65 (Final)
DEPARTMENT OF AGRICULTURE
Forest Service Regulations.......................................................................................................... 6 DE Reg. 127 (Prop.)
6 DE Reg. 517 (Final)
6 DE Reg. 581 (Prop.)
6 DE Reg. 1201 (Final)
Harness Racing Commission
Rules 6.2.9, 8.3.6, 8.7 and 10.2.7.4......................................................................................... 6 DE Reg. 416 (Prop.)
6 DE Reg. 862 (Final)
Rule 7.0, Sections 7.6.6.3 and 7.3.9 6 DE Reg. 1016 (Prop.)
Rule 8.8, Aminocarproic Acid (Amicar)................................................................................ 6 DE Reg. 919 (Prop.)
6 DE Reg. 1347 (Final)
Standardbred Breeder's Fund Regulations............................................................................. 6 DE Reg. 1026 (Prop.)
6 DE Reg. 1497 (Final)
Thoroughbred Racing Commission
Rule 1.28, Meeting.................................................................................................................. 6 DE Reg. 1419 (Prop.)
Rule 3.02, Appointment of Stewards...................................................................................... 6 DE Reg. 1419 (Prop.)
Rule 13.0, Claiming Races..................................................................................................... 6 DE Reg. 729 (Prop.)
Rule 13.1, Owners Entitled..................................................................................................... 6 DE Reg. 1205 (Final)
Rule 13.6, Claiming Privileges, Eliminated Stable................................................................ 6 DE Reg. 1208 (Final)
Rule 15.0, Medication, Testing Procedures............................................................................ 6 DE Reg. 233 (Prop.)
6 DE Reg. 641 (Final)
Rule 15.0, Medication, Shock Wave Therapy........................................................................ 6 DE Reg. 585 (Prop.)
Rule 19.01, Procedure Before Stewards................................................................................. 6 DE Reg. 1419 (Prop.)
DEPARTMENT OF EDUCATION (TITLE 14 DELAWARE ADMINISTRATIVE CODE)
101 Delaware Student Testing Program......................................................................................... 6 DE Reg. 1427 (Prop.)
103 School Accountability for Academic Performance................................................................ 6 DE Reg. 1433 (Prop.)
104 Education Profiles for the Schools, Districts and the State..................................................... 6 DE Reg. 1441 (Prop.)
275 Charter Schools....................................................................................................................... 6 DE Reg. 13 (Prop.)
6 DE Reg. 273 (Final)
401 Major Capital Improvement Programs................................................................................... 6 DE Reg. 1296 (Prop.)
405 Minor Capital Improvement Programs................................................................................... 6 DE Reg. 1299 (Prop.)
410 Satellite School Agreements................................................................................................... 6 DE Reg. 920 (Prop.)
6 DE Reg. 1348 (Final)
525 Requirements for Vocational-Technical Education Programs................................................ 6 DE Reg. 732 (Prop.)
6 DE Reg. 955 (Final)
530 Cooperative Education............................................................................................................ 6 DE Reg. 732 (Prop.)
6 DE Reg. 955 (Final)
535 Diversified Occupations Programs......................................................................................... 6 DE Reg. 732 (Prop.)
6 DE Reg. 955 (Final)
540 Driver Education..................................................................................................................... 6 DE Reg. 133 (Prop.)
6 DE Reg. 432 (Prop.)
6 DE Reg. 773 (Final)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1534 CUMULATIVE TABLES
601 School/Police Relations.......................................................................................................... 6 DE Reg. 434 (Prop.)
6 DE Reg. 775 (Final)
605 Student Rights and Responsibilities 6 DE Reg. 1443 (Prop.)
608 Unsafe School Choice Option for Students Who Have Been Victims of a Violent Felony.... 6 DE Reg. 1444 (Prop.)
701 Unit Cou 6 DE Reg. 74 (Final)
707 Salary Continuation: Operation Noble Eagle & Enduring Freedom...................................... 6 DE Reg. 398(Emer.)
6 DE Reg. 436 (Prop.)
6 DE Reg. 777 (Final)
729 School Custodians................................................................................................................... 6 DE Reg. 921 (Prop.)
6 DE Reg. 1349 (Final)
811 School Health Record Keeping Requirements, 6 DE Reg. 1445 (Prop.)
815 Physical Examinations and Screening, 6 DE Reg. 1445 (Prop.)
817 Administration of Medications and Treatments 6 DE Reg. 1445 (Prop.)
830 Students with HIV Infection................................................................................................... 6 DE Reg. 1032 (Prop.)
6 DE Reg. 1503 (Final)
831 Extended Illness...................................................................................................................... 6 DE Reg. 1301 (Prop.)
877 Smoking . 6 DE Reg. 1032 (Prop.)
6 DE Reg. 1504 (Final)
1001 Participation in Extra-Curricular Activities.. ...... ............................................................... 6 DE Reg. 18 (Prop.)
. 6 DE Reg. 279 (Final)
1005 Membership in Fraternities and Sororities............................................................................ 6 DE Reg. 255 (Prop.)
6 DE Reg. 643 (Final)
1025 Delaware Interscholastic Athletic Association..................................................................... 6 DE Reg. 280 (Final)
1049 DIAA Definitions.................................................................................................................. 6 DE Reg. 282 (Final)
1050 DIAA Sportsmanship............................................................................................................ 6 DE Reg. 284 (Final)
1051 DIAA Senior High School Interscholastic Athletics............................................................ 6 DE Reg. 6 (Errata)
6 DE Reg. 288 (Final)
6 DE Reg. 1301 (Prop.)
1052 DIAA Junior High/Middle School Interscholastic Athletics 6 DE Reg. 304 (Final)
6 DE Reg. 1301 (Prop.)
1053 DIAA Waiver Procedure....................................................................................................... 6 DE Reg. 282 (Final)
1054 DIAA Investigative Procedure.............................................................................................. 6 DE Reg. 282 (Final)
1055 DIAA Appeal Procedure....................................................................................................... 6 DE Reg. 282 (Final)
1056 Recognition of Officials' Association.................................................................................. 6 DE Reg. 282 (Final)
1102 Standards for School Bus Chassis & Bodies......................................................................... 6 DE Reg. 923 (Prop.)
6 DE Reg. 1351 (Final)
1105 School Transportation........................................................................................................... 6 DE Reg. 256 (Prop.)
6 DE Reg. 643 (Final)
PROFESSIONAL STANDARDS BOARD
301 General Regulations for Certification of Professional Public School Personnel.................... 6 DE Reg. 235 (Prop.)
6 DE Reg. 1033 (Prop.)
302, 304, 311, 312, 313, 314, 1535, 1536, 1538, Amendment of Certification Regulations........ 6 DE Reg. 734 (Prop.)
393 Delaware Professional Teaching Standards............................................................................ 6 DE Reg. 1452 (Prop.)
1502 Delaware Performance Appraisal System for Teachers........................................................ 6 DE Reg. 1066 (Prop.)
1503 Delaware Performance Appraisal System for Specialists..................................................... 6 DE Reg. 1066 (Prop.)
1504 Delaware Performance Appraisal System for Administrators.............................................. 6 DE Reg. 1066 (Prop.)
1510 Issuance of Initial License..................................................................................................... 6 DE Reg. 251 (Prop.)
1511 Issuance & Renewal of Continuing License........................................................................ 6 DE Reg. 135 (Prop.)
6 DE Reg. 518 (Final)
1512 Issuance & Renewal of Advanced License........................................................................... 6 DE Reg. 77 (Final)
1513 Denial of Licenses................................................................................................................. 6 DE Reg. 253 (Prop.)
1514 Revocation of Licenses......................................................................................................... 6 DE Reg. 254 (Prop.
1517 Certification Career & Technical Specialist.......................................................................... 6 DE Reg. 140 (Prop.)
6 DE Reg. 523 (Final)
1535 Certification Administrative - Administrative Assistant 6 DE Reg. 1058 (Prop.)
1536 Certification Administrative - Director 6 DE Reg. 1058 (Prop.)
1538 Certification Administrative - Supervisor 6 DE Reg. 1058 (Prop.)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
CUMULATIVE TABLES 1535
1540 Certification Science Teacher............................................................................................... 6 DE Reg. 19 (Prop.)
6 DE Reg. 319 (Final)
1541 Limited Standard Certificate for Middle Level Mathematics and Science and
Secondary Science, Certificate for Middle Level Science...................................................... 6 DE Reg. 21 (Prop.)
6 DE Reg. 321 (Final)
1594 Delaware Administrator Standards............... ...... .......................................................... 6 DE Reg. 22 (Prop.)
6 DE Reg. 322 (Final)
DEPARTMENT OF FINANCE
DIVISION OF REVENUE
Realty Transfer Tax - Transfer To and From an Exchange Accommodation Titleholder
Under Internal Revenue Service, Rev. Proc. 2000-37..................................................... 6 DE Reg. 1353 (Final)
DEPARTMENT OF HEALTH AND SOCIAL SERVICES
DIVISION OF LONG TERM CARE RESIDENTS PROTECTION
Adult Abuse Registry, Regulations Governing....................................................................... 6 DE Reg. 1459 (Prop.)
Assisted Living Facilities, Regulations for 6 DE Reg. 141 (Prop.)
6 DE Reg. 525 (Final)
Criminal History Checks & Drug Testing for Home Health Agencies, Regulations for........ 6 DE Reg. 585 (Prop.)
6 DE Reg. 835 (Prop.)
6 DE Reg. 880 (Final)
6 DE Reg. 1208 (Final)
Group Homes for Persons with Mental Illness, Regulations Pertaining to............................ 6 DE Reg. 266 (Prop.)
6 DE Reg. 323 (Final)
6 DE Reg. 654 (Final)
Nursing Homes Admitting Pediatric Residents, Regulations for........................................... 6 DE Reg. 79 (Final)
Training & Qualifications for Nursing Assistants & Certified Nursing Assistants................ 6 DE Reg. 925 (Prop.)
6 DE Reg. 1505 (Final)
DIVISION OF PUBLIC HEALTH
Birth Defect Surveillance & Registry Program Regulations.................................................. 6 DE Reg. 741 (Prop.)
6 DE Reg. 1211 (Final)
Cancer Registry Regulations.................................................................................................. 6 DE Reg. 744 (Prop.
6 DE Reg. 958 (Final)
Clean Indoor Air Act Regulations.......................................................................................... 6 DE Reg. 267 (Prop.)
6 DE Reg. 655 (Final)
6 DE Reg. 837 (Prop.)
6 DE Reg. 1216 (Final)
Delaware Radiation Control Regulations.............. ...... ................................................... 6 DE Reg. 98 (Final)
EMS Pre-Hospital Advanced Care Directive Regulations..................................................... 6 DE Reg. 588 (Prop.)
Production & Sale of Milk & Milk Products.......................................................................... 6 DE Reg. 840 (Prop.)
Production & Sale of Milk & Milk Products.......................................................................... 6 DE Reg. 1220 (Final)
Public Drinking Water Systems, Regulations Governing....................................................... 6 DE Reg. 1140 (Prop.)
Public Pools, Regulations Governing..................................................................................... 6 DE Reg. 1142 (Prop.)
Regulations for Adult Day Care Facilities.............................................................................. 6 DE Reg. 83 (Final)
Regulation for the Certification of RadiationTechnologists/Technicians.............................. 6 DE Reg. 99 (Final)
DIVISION OF SOCIAL SERVICES
DSSM
3002 Time Limit, Temporary Welfare Program................................................................... 6 DE Reg. 155 (Prop.)
6 DE Reg. 528 (Final)
3002.5, Assessment Prior to Termination of Benefits............................................................ 6 DE Reg. 841 (Prop.)
6 DE Reg. 1221 (Final)
3008 & 3012 Dependent Children.......................................................................................... 6 DE Reg. 337 (Final)
3024, Citizens and Aliens....................................................................................................... 6 DE Reg. 841 (Prop.)
6 DE Reg. 1221 (Final)
5100, Legal Base 6 DE Reg. 1462 (Prop.)
5304, Jurisdiction 6 DE Reg. 1462 (Prop.)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1536 CUMULATIVE TABLES
5312, Responses to Hearing Requests 6 DE Reg. 1462 (Prop.)
5402, Hearings on Decisions 6 DE Reg. 1462 (Prop.)
5403, Availability of Documents and Records 6 DE Reg. 1462 (Prop.)
5405, Fair Hearing Procedures 6 DE Reg. 1462 (Prop.)
6103, E 6 DE Reg. 592 (Prop.)
6 DE Reg. 884 (Final)
9007.1 Citizenship and Alien Status...................................................................................... 6 DE Reg. 156 (Prop.)
6 DE Reg. 530 (Final)
6 DE Reg. 843 (Prop.)
6 DE Reg. 1224 (Final)
9045 Maximum Allowable Resources.................................................................................. 6 DE Reg. 158 (Prop.)
6 DE Reg. 531 (Final)
9046, 9048, 9049 & 9051, Noncitizen Eligibility and Certification....................................... 6 DE Reg. 339 (Final)
9060 Income Deductions....................................................................................................... 6 DE Reg. 439 (Prop.)
6 DE Reg. 780 (Final)
9085 Reporting Changes........................................................................................................ 6 DE Reg. 441 (Prop.)
6 DE Reg. 780 (Final)
14600 Third-Party Liability................................................................................................... 6 DE Reg. 158 (Prop.)
6 DE Reg. 532 (Final)
14900 Enrollment in Managed Care...................................................................................... 6 DE Reg. 533 (Final)
15160.1 Eligibility Determination......................................................................................... 6 DE Reg. 534 (Final)
15120.2 Financial Eligibility................................................................................................. 6 DE Reg. 1166 (Prop.)
6 DE Reg. 1506 (Final)
15200 Transitional Medicaid....................................... ...... ............................................ 6 DE Reg. 29 (Prop.)
6 DE Reg. 344 (Final)
6 DE Reg. 1166 (Prop.)
6 DE Reg. 1506 (Final)
15503 Screening Requirement............................................................................................... 6 DE Reg. 534 (Final)
15505 Uninsured Requirement.............................................................................................. 6 DE Reg. 535 (Final)
16110 Adult Expansion Population....................................................................................... 6 DE Reg. 535 (Final)
16210 Limitations on Retroactive Coverage......................................................................... 6 DE Reg. 535 (Final)
16220.5 Enrollment in Managed Care-Special Requirement for Adult Expansion
Po 6 DE Reg. 535 (Final)
16310.3 Adults....................................................................................................................... 6 DE Reg. 536 (Final)
16500.2 Procedures for Determining Eligibility.................................................................... 6 DE Reg. 536 (Final)
17500, 17520, 17550, Qualifying Individuals........................................................................ 6 DE Reg. 845 (Prop.)
6 DE Reg. 1226 (Final)
18200.2 Uninsured Requirement........................................................................................... 6 DE Reg. 536 (Final)
20210.7.1, 20620.1, 20995.1, Veterans' Pension Payments, Personal Needs Allowance...... 6 DE Reg. 846 (Prop.)
6 DE Reg. 1226 (Final)
20910.5, Excess Shelter Allowance........................................................................................ 6 DE Reg. 846 (Prop.)
6 DE Reg. 1226 (Final)
25000 Children's Community Alternative Disability Program (CCADP)............................ 6 DE Reg. 536 (Prop.)
Delaware State Plan for TANF............................................................................................... 6 DE Reg. 525 (Final)
6 DE Reg. 442 (Prop.)
6 DE Reg. 781 (Final)
Regulation #02-50, Nursing Home Patient Health Care Assessments 6 DE Reg. 720(Emer.)
Title XIX Medicaid State Plan................................................................................................ 6 DE Reg. 718(Emer.)
6 DE Reg. 778 (Final)
Title XIX Medicaid State Plan, Attachment 4.19-B pp. 14 & 14a......................................... 6 DE Reg. 746 (Prop.)
6 DE Reg. 961 (Final)
Title XIX Medicaid State Plan, Attachment 4.19-D, p. 4....................................................... 6 DE Reg. 748 (Prop.)
6 DE Reg. 964 (Final)
Title XIX Medicaid State Plan, Inpatient Hospital Care Reimbursement Methodology
for Interim Payments....................................................................................................... 6 DE Reg. 593 (Prop.)
6 DE Reg. 885 (Final)
Title XIX Medicaid State Plan, Transportation as an Administrative Expense...................... 6 DE Reg. 335 (Final)
6 DE Reg. 437 (Prop.)
6 DE Reg. 570(Errata)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
CUMULATIVE TABLES 1537
Title XXI Delaware Healthy Children Program State Plan Sections 3.1, 6.2.10 and 6.2.11.. 6 DE Reg. 906(Emer.)
6 DE Reg. 935 (Prop.)
6 DE Reg. 1355 (Final)
DEPARTMENT OF INSURANCE
Regulation 905, (Formerly Reg. No. 86) Standards for Safeguarding Customer Information 6 DE Reg. 595 (Prop.)
6 DE Reg. 966 (Final)
Regulation 906, (Formerly Reg. No.87) Use of Credit Information...................................... 6 DE Reg. 597 (Prop.)
6 DE Reg. 1309(Prop.)
Regulation 1310, (Formerly Reg. No. 80) Standards for Prompt, Fair & Equitable
Settlement of Claims....................................................................................................... 6 DE Reg. 593 (Prop.)
6 DE Reg. 1169 (Prop.)
6 DE Reg. 1465 (Prop.)
Regulation 1501, (Formerly Reg. No. 41) Medicare Supplement Insurance
Minimum Standards........................................................................................................ 6 DE Reg. 437 (Prop.)
. 6 DE Reg. 800 (Final)
DEPARTMENT OF JUSTICE
DELAWARE SECURITIES ACT
600 Registration of Broker-Dealers....................................................................................... 6 DE Reg. 461 (Prop.)
6 DE Reg. 1314 (Prop.)
601 Registration of Broker-Dealer Agents............................................................................ 6 DE Reg. 461 (Prop.)
6 DE Reg. 749 (Prop.)
6 DE Reg. 1314 (Prop.)
608 Registration Exemption for Certain Canadian Broker-Dealers...................................... 6 DE Reg. 463 (Prop.)
6 DE Reg. 608 (Prop.)
6 DE Reg. 1314 (Prop.)
610 Examination Requirement.............................................................................................. 6 DE Reg. 467 (Prop.)
6 DE Reg. 755 (Prop.)
6 DE Reg. 1314 (Prop.)
700 Registration of Investment Advisors.............................................................................. 6 DE Reg. 467 (Prop.)
6 DE Reg. 755 (Prop.)
6 DE Reg. 1314 (Prop.)
DEPARTMENT OF LABOR
DIVISION OF INDUSTRIAL AFFAIRS
Clean Indoor Air Act Regulations.......................................................................................... 6 DE Reg. 602 (Prop.)
6 DE Reg. 1171 (Prop.)
6 DE Reg. 1509 (Final)
Unemployment Insurance Appeal Board Regulations............................................................ 6 DE Reg. 605 (Prop.)
6 DE Reg. 887 (Final)
DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
DIVISION OF AIR & WASTE MANAGEMENT
Waste Management Section
2002 Amendments to Delaware Regulations Governing Hazardous Waste.................... 6 DE Reg. 106 (Final)
Amendments to Delaware 2005 Rate-of-Progress Plan, And Amendments To
Delaware Phase II Attainment Demonstration, and Toward Attainment of The
1-Hour National Ambient Air Quality Standard (NAAQS) For The Ground-
Level Ozone In Kent And New Castle Counties...................................................... 6 DE Reg. 1321 (Prop.)
6 DE Reg. 1402(Errata)
Chronic Violators Regulations......................................................................................... 6 DE Reg. 936 (Prop.)
Delaware 2005 Rate-of-Progress Plan............................................................................. 6 DE Reg. 621 (Prop.)
Delaware Phase II Attainment Demonstration for the Philadelphia-Wilmington-Trenton
Ozone Non-attainment area...................................................................................... 6 DE Reg. 628 (Prop.)
Reg. No. 3, Sec. 11, Ambient Air Quality Standards...................................................... 6 DE Reg. 609 (Prop.)
6 DE Reg. 968 (Final)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1538 CUMULATIVE TABLES
Reg. No. 24, Section 10, Aerospace Coatings................................................................. 6 DE Reg. 190 (Final)
6 DE Reg. 611 (Prop.)
6 DE Reg. 971 (Final)
Reg. No. 38, Emission Standards for Hazardous Air Pollutants for Source Categories,
Subpart B 6 DE Reg. 1174 (Prop.)
Reg. No. 38, Emission Standards for Hazardous Air Pollutants for Source Categories,
Subpart RRR 6 DE Reg. 1185 (Prop.)
Reporting of a Discharge of a Pollutant or an Air Contaminant 6 DE Reg. 661 (Final)
6 DE Reg. 1467 (Prop.)
DIVISION OF FISH & WILDLIFE
Shellfish Reg. S-63 Oyster Harvesting Seasons..................................................................... 6 DE Reg. 399 (Emer)
Shellfish Regulation Nos. S-63, S-65, S-67, S-69, S-71, S-73 and S-75................................ 6 DE Reg. 940 (Prop.)
6 DE Reg. 1356 (Final)
Shellfish Regulation S-76, License Lotteries......................................................................... 6 DE Reg. 1493 (Prop.)
Tidal Finfish Reg. No. 4, Summer Flounder Size Limits; Possession Limits; Season........... 6 DE Reg. 941 (Prop.)
6 DE Reg. 1358 (Final)
Tidal Finfish Reg. No. 7, Striped Bass Possession Size Limit; Exceptions........................... 6 DE Reg. 1192 (Prop.)
6 DE Reg. 1512 (Final)
Tidal Finfish Reg. No. 10, Weakfish Size Limits, Possession Limits, Seasons..................... 6 DE Reg. 1193 (Prop.)
6 DE Reg. 1512 (Final)
Tidal Finfish Reg. No. 11, Red Drum Size Limits, Creel Limits 6 DE Reg. 755 (Prop.)
Tidal Finfish Reg. No. 22, Tautog Size Limit......................................................................... 6 DE Reg. 848 (Prop.)
6 DE Reg. 1360 (Final)
Tidal Finfish Reg. No. 23, Black Sea Bass Size Limit; Trip Limits; Seasons; Quotas.......... 6 DE Reg. 35 (Prop.)
6 DE Reg. 348 (Final)
6 DE Reg. 757 (Prop.)
6 DE Reg. 941 (Prop.)
6 DE Reg. 1360 (Final)
Tidal Finfish Reg. No. 24, Fish Pot Requirements................................................................. 6 DE Reg. 35 (Prop.)
6 DE Reg. 350 (Final)
Tidal Finfish Reg. No. 28, Atlantic Ocean American Shad Season and Closure................... 6 DE Reg. 756 (Prop.)
Tidal Finfish Reg. No. 29, License Lotteries.......................................................................... 6 DE Reg. 1493 (Prop.)
Wildlife & Non-Tidal Fishing Regulations
WR-2 Method of Take.................................................................................................... 6 DE Reg. 162 (Prop.)
6 DE Reg. 536 (Final)
WR-3 Federal Laws & Regulations Adopted................................................................. 6 DE Reg. 162 (Prop.)
6 DE Reg. 537 (Final)
WR-4 Seasons................................................................................................................. 6 DE Reg. 163 (Prop.)
6 DE Reg. 537 (Final)
WR-7 Deer...................................................................................................................... 6 DE Reg. 163 (Prop.)
6 DE Reg. 538 (Final)
WR-14 Falconry............................................................................................................. 6 DE Reg. 164 (Prop.)
6 DE Reg. 538 (Final)
WR-15 Collection or Sale of Nongame Wildlife............................................................ 6 DE Reg. 164 (Prop.)
6 DE Reg. 539 (Final)
WR-16 Endangered Species........................................................................................... 6 DE Reg. 165 (Prop.)
6 DE Reg. 539 (Final)
WR-17 Species of Special Concern................................................................................ 6 DE Reg. 165 (Prop.)
6 DE Reg. 539 (Final)
DIVISION OF WATER RESOURCES
Delaware Regulations Governing the Control of Water Pollution......................................... 6 DE Reg. 474 (Prop.)
6 DE Reg. 1514 (Final)
Total Maximum Daily Load (TDML) for Nutrients in the Appoquinimink Watershed......... 6 DE Reg. 350 (Final)
Regulations for Licensing Water Well Contractors, Pump Installer Contractors, Well
Drillers, Well Drivers, and Pump Installers.............................................................. 6 DE Reg. 165 (Prop.)
6 DE Reg. 801 (Final)
Shellfish Sanitation Regulations............................................................................................. 6 DE Reg. 36 (Prop.)
. 6 DE Reg. 350 (Final)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
CUMULATIVE TABLES 1539
DEPARTMENT OF PUBLIC SAFETY
DIVISION OF HIGHWAY SAFETY
Policy Reg. 92, Standard Operating Procedures for the DUI Evaluation, Education and
Outpatient Treatment Agencies....................................................................................... 6 DE Reg. 758 (Prop.)
6 DE Reg. 1360 (Final)
DIVISION OF STATE POLICE
Nonconsensual Towing Regulations....................................................................................... 6 DE Reg. 206 (Final)
DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES
DIVISION OF FAMILY SERVICES
Child Abuse Registry.............................................................................................................. 6 DE Reg. 765 (Prop.)
DEPARTMENT OF STATE
DIVISION OF HISTORICAL & CULTURAL AFFAIRS
Historic Preservation Tax Credit Program.............................................................................. 6 DE Reg. 108 (Final)
DEPARTMENT OF TRANSPORTATION
Statewide Long Range Transportation Plan................................................................................... 6 DE Reg. 38 (Prop.)
6 DE Reg. 353 (Final)
EXECUTIVE DEPARTMENT
DELAWARE ECONOMIC DEVELOPMENT OFFICE
Co-Op Advertising Program................................................................................................... 6 DE Reg. 174 (Prop.)
6 DE Reg. 212 (Final)
6 DE Reg. 683 (Final)
Direct Grants Program............................................................................................................ 6 DE Reg. 176 (Prop.)
6 DE Reg. 685 (Final)
Matching Grants Program....................................................................................................... 6 DE Reg. 178 (Prop.)
6 DE Reg. 688 (Final)
Neighborhood Assistance Act Tax Credit Program Regulation............................................. 6 DE Reg. 630 (Prop.)
6 DE Reg. 943 (Prop.)
\ 6 DE Reg. 1368 (Final)
GOVERNOR'S OFFICE
Appoin 6 DE Reg. 214
6 DE Reg. 540
6 DE Reg. 699
6 DE Reg. 888
6 DE Reg. 982
6 DE Reg. 1376
Executive Order No. 34, Terminating Drought Emergency................................................... 6 DE Reg. 698
Executive Order No. 35, Recognizing and Reconstituting the Governor's Task Force
on School Libraries.......................................................................................................... 6 DE Reg. 1234
Executive Order No. 36, Reallocation of State Provate Activity Bond Volume Cap for
Calendar Year 2002 and Initial Suballocation of State Provate Activity Bond Volume
Cap for Calendar Year 2003............................................................................................ 6 DE Reg. 1234
Executive Order No. 37, Terminating Drought Warning........................................................ 6 DE Reg. 1235
Executive Order No. 38, Establishing the State of Delaware as a Disaster Resilient State
Through a Comprehensive Mitigation Program Against Natural and Technological
Hazards ........................................................................................................... ....... 6 DE Reg. 1374
Executive Order No. 39, Creating a Task Force on Responsible Management of Facilities
Handling Hazardous Products......................................................................................... 6 DE Reg. 1375
Executive Order No. 40, Continuing and Reorganizing the Interagency Council on Adult
Lit 6 DE Reg. 1517
Executive Order No. 41, Revised Reallocation of State Private Activity Bond Volume Cap
for Calendar Year 2002 and Initial Suballocation of State Private Activity Bond Volume
Cap for Calendar Year 2003............................................................................................ 6 DE Reg. 1518
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1540 CUMULATIVE TABLES
Executive Order No. 42, Task Force on Financial Options for the City of Wilmington........ 6 DE Reg. 1519
Executive Order No. 43, Authorizing the Establishment of a Special Fund to Assist Delaware
Reservists Ordered to Active Duty for any Mobilization of any Duration who have
Suffered Serious Financial Harm as a Result of Mobilization........................................ 6 DE Reg. 1520
Proclamation of State of Emergency Due to a Severe Winter Storm/Snow........................... 6 DE Reg. 1373
Modification of State of Emergency....................................................................................... 6 DE Reg. 1373
Termination of State of Emergency........................................................................................ 6 DE Reg. 1373
STATE EMPLOYEE BENEFITS COMMITTEE
Group Health Care Insurance, Proposed Revisions to Eligibility and Coverage Rules................ 6 DE Reg. 180 (Prop.)
6 DE Reg. 634 (Prop.)
6 DE Reg. 690 (Final)
6 DE Reg. 948 (Prop.)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1541
Symbol Key
Roman type indicates the text existing prior to the regulation being promulgated. Underlined text indicates new text.
Language which is stricken through indicates text being deleted.
Proposed Regulations
Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file
notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with
the Registrar for publication in the Register of Regulations pursuant to §1134 of this title. The notice shall describe the nat ure
of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference
to the legal authority of the agency to act, and reference to any other regulations that may be impacted or affected by the
proposal, and shall state the manner in which persons may present their views; if in writing, of the place to which and the final
date by which such views may be submitted; or if at a public hearing, the date, time and place of the hearing. If a public
hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the
proposal in the Register of Regulations. If a public hearing will be held on the proposal, notice of the time, date, place and a
summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general circulation; The
notice shall also be mailed to all persons who have made timely written requests of the agency for advance notice of its
regulation-making proceedings.
DEPARTMENT OF
ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
BOARD OF NURSING
24 DE Admin. Code 1900
Statutory Authority: 24 Delaware Code,
Section 1906(1) (24 Del. C. §1906(1))
The Delaware Board of Nursing in accordance with 24
Del.C. 1906(1) has proposed to revise the Rules and
Regulations regarding Board committees.
The proposed revisions to Section 12 of the Board's
Rules and Regulations will define selection of committee
members, term limits, and committee attendance.
A public hearing will be held on Wednesday, July 9,
2003 at 9:00 a.m. in the second floor Conference Room A,
Cannon Building, 861 Silver Lake Boulevard, Dover,
Delaware.
Anyone desiring a copy of the proposed new section of
the Rules and Regulations may obtain a copy from the
Delaware Board of Nursing, 861 Silver Lake Boulevard,
Cannon Building, Suite 203, Dover, DE 19904, (302) 744-
4516 or 744-4515. Persons desiring to submit written
comments on the revised rules and regulations may forward
these comments to the above address. The final date to
receive written comments will be July 9, 2003.
12.0 Advisory Committees
12.1 Appointment of Committees
12.1.1 The Board may appoint advisory
committees to assist in the performance of its duties.
12.1.2 Advisory committees will be chaired by a
Board member.
12.1.3 Each advisory committee shall consist of
no less than five members who have expertise in the subject
assigned.
12.1.4 Any such advisory committee shall
function in the public interest, and no member shall be
designated as representative of any agency or organization.
12.2 Membership of Committees
12.2.1 Potential members shall submit resumes
and receive Board approval prior to appointment. The
Executive Director of the Board of Nursing shall make a call
for applications for potential members to fill vacancies on
the Board's advisory committees. The potential members
shall submit their resumes to the Executive Director. The
resumes shall be reviewed by the Executive Director and
each committee chair of the Board of Nursing. They shall
then make recommendations with rationales to the Board of
Nursing for approval and appointment of the members to
advisory committees.
12.2.2 Members may include Registered Nurses,
Licensed Practical Nurses, Advanced Practice Nurses and
lay persons.
12.2.3 Members shall serve two-year terms.
12.2.4 The Executive Director shall verify
members' continued interest in serving on the
Board's advisory committees prior to expiration of their twoyear
term. The Executive Director shall submit the names of
the committee members who are interested in serving
another term to the Board of Nursing for reappointment.
12.2.5 Members who miss three consecutive
meetings shall be reported to the Board, which may appoint
a replacement member.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1542 PROPOSED REGULATIONS
12.3 Joint Practice Committee
12.3.1 Nursing Membership
12.3.1.1 Members are selected 24 Del.C., §
1906(19)
12.3.1.2 The Board of Nursing shall appoint
the Advanced Practice Nurses (APN) under the following
guidelines:
12.3.1.2.1 At least one of the APN
members shall be a Clinical Specialist, one APN member a
Certified Nurse Midwife, one APN member a Certified
Registered Nurse Anesthetist, and two APN members Nurse
Practitioners. If there is no qualified APN available in the
needed specialty, then appointments shall be made from
APNs in other specialties.
12.3.1.2.2 The APNs must have
independent prescriptive authority to be a member of the
JPC.
12.3.1.2.3 The Board of Nursing shall
appoint one public member.
12.3.1.3 One of the Board of Nursing
appointees shall be a current Board of Nursing Member.
12.3.1.4 The Executive Director of the Board
of Nursing shall make a call for applications for potential
members to fill vacancies on the JPC. The potential
members shall submit their resumes to the Executive
Director. The resumes shall be reviewed by the Executive
Director and the APN member of the Board of Nursing.
They shall then make recommendations to the Board of
Nursing for approval and appointment of the members to the
JPC.
12.3.1.5 Members shall serve two-year terms.
12.3.1.6 The Executive Director shall verify
members' continued interest in serving on the JPC prior to
expiration of their two-year term. The Executive Director
shall submit the names of the JPC members who are
interested in serving another term on the JPC to the Board of
Nursing for reappointment to the JPC.
12.3.1.7 Members who miss three consecutive
meetings shall be reported to the appointing Board, which
may appoint a replacement member.
12.3.1.8 JPC shall be staffed by the Executive
Director of the Board of Nursing or designee who shall assist
the JPC in carrying out its duties.
12.3.2 Officers
12.3.2.1 JPC members shall elect a Chair and
Vice-Chair each September.
12.3.2.2 The Chair shall preside at meetings
and hearings.
12.3.2.3 The Vice-Chair shall preside at the
meetings and hearings in the absence of the Chair.
12.3.2.4 In the absence of the Chair and Vice-
Chair, the next senior member shall preside.
12.3.3 Meetings
12.3.3.1 Meetings will be scheduled in
accordance with all Laws and Rules and Regulations that
apply to Committees under the Division of Professional
Regulation.
12.3.3.2 Five members of the JPC constitute a
quorum.
12.3.3.3 A meeting calendar shall be approved
by the JPC each September.
12.3.3.4 The JPC shall meet as necessary to
carry out its responsibilities as defined in 24 Del. C.,
1906(20).
12.3.3.5 The Board of Nursing Members on
the JPC shall give the committee report at each Board of
Nursing meeting. The Executive Director shall give the
report if the Board Member is absent.
See 5 DE Reg. 1606 (2/1/02)
* PLEASE NOTE: AS THE REST OF THE REGULATIONS
WERE NOT CHANGED, THEY ARE NOT BEING REPRINTED
HERE.
DEPARTMENT OF AGRICULTURE
NUTRIENT MANAGEMENT PROGRAM
3 DE Admin Code 703
Statutory Authority: 3 Delaware Code,
Sections 2220, 2221 (3 Del.C. §§ 2220, 2221)
PLEASE TAKE NOTICE that, pursuant to 3 Del.C. §§
2220 and 2221, the Department of Agriculture has
developed, in conjunction with the Delaware Nutrient
Management Commission, and proposes to adopt
regulations establishing requirements for implementation of
mandatory nutrient management plan reporting pursuant to
Delaware's nutrient management laws (3 Del.C. Chapter 22)
and Section 5, 72 Del. Laws, c. 60, and for persons selected
for mandatory nutrient management plan reporting to
register with the Commission. These regulations are
proposed to meet the mandate set forth in Section 5, and also
3 Del.C. Chapter 22, and put into effect the purpose of that
chapter to help improve and maintain the quality of
Delaware's ground and surface waters in the interest of the
overall public welfare. These proposals represent new
substantive and procedural regulations in areas not
previously regulated, and their term shall be permanent
unless subsequently amended or repealed in accordance with
the Administrative Procedures Act (29 Del.C. Chapter 101).
The Department of Agriculture, in conjunction with the
Delaware Nutrient Management Commission, will receive
and consider input in writing from any person on the
proposed regulations. Any written comments should be
submitted to the Department and the Commission in care of
William R. 0, Nutrient Management Program Administrator,
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1543
at the Department of Agriculture, 2320 South DuPont
Highway, Dover, Delaware 19901. The final date to submit
written comments shall be July 1, 2003. Copies of the
proposed regulations may be obtained by contacting Mr.
Rohrer.
703 Mandatory Nutrient Management Plan Reporting
Implementation Regulations
Developed with the Guidance, Advice and Consent of
The Delaware Nutrient Management Commission
PREAMBLE
These regulations have been developed pursuant to Title
3, Chapter 22, of the Delaware Code [72 Del. Laws, c. 60].
That statute established the Delaware Nutrient Management
Commission and authorized the Commission to develop,
review, approve, and enforce nutrient management
regulations, including regulations governing a nutrient
management planning program and the development of
nutrient management plans. These regulations were
developed by the Commission and the Delaware Department
of Agriculture. They are adopted with the guidance, advice,
and consent of the Commission.
1.0 Authority
1.1 These regulations are promulgated pursuant to the
authority provided by Sections 2220 and 2221, Chapter 22,
Title 3, of the Delaware Code.
2.0 Purpose
2.1 The purpose of these regulations is to establish
requirements for implementation of mandatory nutrient
management plan reporting pursuant to Section 5, 72 Del.
Laws, c. 60.
3.0 Registration Requirement For Persons Selected For
Mandatory Nutrient Management Plan Reporting
Pursuant To Section 5, 72 Del. Laws, c. 60.
3.1 Persons notified that they have been selected by the
Commission to be phased into the nutrient management
planning program and mandatory nutrient management plan
reporting (pursuant to Section 5, 72 Del. Laws, c. 60) shall
register with the Commission within thirty (30) days of
receiving such notice. Registration shall be made in writing,
by completing and submitting, to the Nutrient Management
Program Administrator, a registration form approved by the
Commission.
3.2 Failure to register within the required period shall
subject the person(s) failing to respond to the penalty
provisions of Title 3, Chapter 22, of the Delaware Code.
3.3 If the Commission sends such notification by
registered mail, the return receipt or other official proof of
delivery shall constitute presumptive evidence that the notice
mailed was received by the person(s) or the latter's agent;
and the notation of refusal shall constitute presumptive
evidence that the refusal was by the person(s) or the latter's
agent.
THOROUGHBRED RACING COMMISSION
Statutory Authority: 3 Delaware Code,
Section 10103 (3 Del.C. §10103)
The Commission issues these reproposed rules pursuant
to 3 Del.C. §10103 and 29 Del.C. §10115. The Commission
will accept written comments from June 1, 2003 through
June 30, 2003. The Commission will hold a public hearing
on the proposed rule amendments on June 30, 2003 at 10:00
a.m. at Delaware Park, 777 Delaware Park Boulevard,
Wilmington, DE. Written comments should be submitted to
John F. Wayne, Administrator of Racing, Department of
Agriculture, 2320 S. DuPont Highway, Dover, DE 19901.
These rules were published in the May, 2003 Register with a
listed public hearing date of May 21, 2003. However, due to
a scheduling issue, the public hearing can not be held on
May 21, 2003 so the Commission is resubmitting the rules
for publication.
The Commission reproposes the following three rule
amendments:
1) amend Rule 1.28 to clarify the definition of
"Meeting" to include all race dates approved by the
Commission under 3 Del. C. §10122(c);
2) amend Rule 3.02(a) to clarify that the authority of
the Stewards at the Meeting shall be during the period as
required by the Commission; and
3) amend Rule 19.01(d) to provide that one steward
may hold a hearing during emergencies or during periods
when there is no live racing.
Part 1 -- Definitions and Interpretations
In the context of these Rules of Racing, the following
words and phrases shall be construed as having the following
special meanings:
1.01 Added money:
Cash, exclusive of trophy or other award, added by the
Licensee to stakes fee paid by subscribers to form the total
purse for a stakes race.
1.02 Age:
The number of years since a horse was foaled, reckoned
as if such horse were foaled on January 1 of the year in
which such horse was foaled.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1544 PROPOSED REGULATIONS
1.03 Arrears:
All sums due by any permittee or registrant as reflected
by his account with the Licensee or the Horsemen's
Bookkeeper, including subscriptions, jockey fees,
forfeitures, and any default incident to these rules.
1.04 Authorized Agent:
Any person currently registered as an agent for a
registered-owner principal by virtue of a notarized
appointment of agency properly and fully lodged with the
Licensee.
1.05 Betting Interest:
A single horse, or more than one horse joined as a
"mutuel entry" or joined in the "mutuel field", on which a
single pari-mutuel wager may be placed.
1.06 Bleeder:
Any horse known to have bled from its nostrils during a
workout or race or is found to have bled internally by
endoscopic examination. See Rule 15.02, Paragraph (a).
1.07 Breeder:
Owner of the dam of a horse at the time such horse was
foaled. A horse is "bred" at the place of its foaling.
1.08 Claiming Race:
Any race in which the ownership of every horse running
therein may be transferred in conformity with these Rules.
1.09 Closing:
Time published by the Licensee after which entries for a
race will not be accepted.
1.10 Commission:
The Delaware Thoroughbred Racing Commission.
"Commissioner" is a member of the Commission.
1.11 Day:
Any 24-hour period beginning at 12:01 a.m. and ending
at midnight. "Racing Day" is a day on which races are
conducted. "Calendar Days" are those consecutive days
counted irrespective of number of "Racing Days."
1.12 Declaration:
Withdrawal of a horse entered in a race prior to time of
closing of entries therefor in conformance with these Rules.
1.13 Disciplinary Action:
That action taken by the Stewards, by the Licensee, or
by the Commission, for a Rule violation; it can include
suspension, revocation, voidance of a permit, authorization
or registration, ejection or exclusion from the Licensee's
grounds, or assessment of a forfeiture, or reprimand, or any
combination thereof.
1.14 Disqualification:
An order of the Stewards revising the order of finish of a
race.
1.15 Entry:
The act of nominating a horse for a race in conformance
with these Rules. See "Mutuel Entry".
1.16 Equipment:
Accouterments, other than ordinary saddle, girth, pad,
saddle cloth, and bridle carried by a horse, include whip,
blinkers, tongue strap, muzzle, hood, noseband, bit, shadow
roll, martingale, breast plate, bandages, boots, and racing
plates or shoes.
1.17 Exhibition Race:
A race between horses of diverse ownership for which a
purse is offered by the Licensee, but on which no parimutuel
wagering is permitted.
1.18 Field or Mutuel Field:
A single betting interest involving more than one horse
which is formed when the number of horses starting a race
exceeds the numbering capacity of the totalizator and where
all horses of a higher number are grouped in the "mutuel
field".
1.19 Forfeit:
Money due by a permittee, registrant or other person to
whom these Rules apply because of an error, fault, neglect of
duty, breach of contract, or alternative order of the Stewards.
1.20 Handicap Race:
A race in which the weights to be carried by the horses
therein are assigned by the Licensee's Handicapper with the
intent of equalizing the chances of winning for all horses
entered. A "free handicap" is a handicap for which no
nominating fee is required to be weighted, but an entrance
and/or starting fee may be required for starting therein.
1.21 Horse:
Any Thoroughbred, whether mare, gelding, colt or filly,
which is registered as such with the Jockey Club in
Lexington, Kentucky, or, for Steeplechase racing purposes,
by the National Steeplechase Association in Fair Hill,
Maryland and any Arabian whether mare, gelding, colt or
filly which is registered as such with the Arabian Horse
Registry of America, Inc. in Westminster, Colorado and for
which an Identification Supplement has been issued.
In these rules of racing, unless otherwise noted, the use
of the word "Thoroughbred" shall likewise apply to Arabian
horses.
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PROPOSED REGULATIONS 1545
1.22 Ineligible:
A horse or person not qualified, not permitted, or not
authorized under these Rules or conditions of a race to
participate in a specified racing activity.
1.23 Jockey:
A rider currently authorized to ride in races as a Jockey,
or Apprentice Jockey, or Amateur Jockey, or a provisional
Jockey permitted by the Stewards to ride in two races prior
to applying for a permit.
1.24 Lessee:
A registered Owner whose interest in a horse is a
leasehold.
1.25 Licensee:
Any person, or persons, or corporation, licensed by the
Commission to conduct a recognized race meeting at a
particular racetrack within this State. When used herein, the
word refers to that Licensee of the racetrack at which any
matter or thing calling for the application of these Rules
arises or occurs.
1.26 Maiden:
With respect to flat races, a horse which has never won a
flat race at a recognized meeting in any country; a "maiden"
which was disqualified after finishing first remains a
"maiden"; race conditions referring to "maidens" shall be
interpreted as meaning "maidens" at the time of starting.
In flat races a horse is still a maiden though a winner of
a steeplechase or hurdle race, and in steeplechase and hurdle
races a horse is still a maiden though a winner on the flat.
1.27 Match Race:
A race between two horses for which no other horses are
eligible.
1.28 Meeting:
The entire period of consecutive days, exclusive of dark
days, granted by the Commission to a Licensee for the
conduct of racing, beginning at 12:01 a.m. of the first racing
day and extending through a period ending at 11:59 p.m.
after the last scheduled race on the last day, which includes
all race dates approved by the Commission under 3 Del. C.
§10122(c) including racing dates limited exclusively to the
receiving and accepting of wagers or bets on electronically
televised simulcasts. See "Recognized Meeting".
Rule 1.28 Rev. March 1976.
1.29 Month:
A calendar month.
1.30 Mutuel Entry:
A single betting interest involving two or more horses
entered in the same race and joined for pari-mutual purposes
because of common ties as to ownership so that a wager on
one horse joined in a "mutuel entry" is a wager on all horses
joined in the same "mutuel entry".
1.31 Mutuel Field:
See "Field".
1.32 Nominator:
The person in whose name a horse is entered for a race.
1.33 Owner:
Any person who holds, in whole or in part, any right,
title, or interest in a horse, or any lessee of a horse, who has
been duly registered and approved by Licensee as a person
responsible for such horse.
1.34 Permittee:
Any person authorized by or registered with and
approved by Licensee to participate in any designated way in
racing at the location where Licensee is authorized to
conduct a racing meet. See "Registrant".
1.35 Place:
When used in the context of a single position in the
order of finish in a race, "Place" means second; when used in
the context of a pari-mutuel wagering, a "Place" wager is one
involving a payoff on a betting interest which finished first
or second in a race; when used in the context of multiple
positions in the order of finish in a race, "Place or Placing"
means finishing first, or second, or third. See "Unplaced".
1.36 Post:
The starting point of a race.
1.37 Post Position:
The relative place assigned to each horse, numbered
from the inner rail across the track at the starting line, from
which each horse is to start a race.
1.38 Post Time:
The advertised moment scheduled for the arrival of all
horses at the starting point for a race.
1.39 Prize:
The combined total of any cash, plate, purse, premium,
stake, trophy, reward or object of value awarded to the
Owners of horses according to order of finish in a race. No
race shall be authorized or permitted for a purse, stake or
reward of less than $700.00, except in the event of a split
race, in which case the purse, stake or reward shall be
equally divided.
Rule 1.30 Rev. July 1977.
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1546 PROPOSED REGULATIONS
1.40 Purse:
The gross cash portion of the prize for which a race is
run.
1.41 Purse Race:
Any race for which entries close less than 72 hours prior
to its running, and for which Owners of horses entered are
not required by its conditions to contribute money toward its
purse.
1.42 Race:
A running contest between horses, ridden by Jockeys,
over a prescribed course, at a recognized meeting, during
regular racing hours, for a prize.
1.43 Racing Official:
Any person appointed and designated as such, and
authorized to perform the duties prescribed, by the Licensee
of any race meeting authorized by the Commission.
1.44 Recognized Meeting:
Any meeting with regularly scheduled races for horses
on the flat or over jumps, licensed by and conducted under
rules promulgated by a governmental body, including any
such authority which has reciprocal relations with the Jockey
Club of Lexington, Kentucky, whose race records can be
provided to a Licensee by the Jockey Club and any such
authority which has reciprocal relations with the American
Horse Registry of America, Inc. inWestminster, Colorado.
1.45 Registrant:
Synonymous with "Permittee".
1.46 Registration Certificate:
A document issued by the Jockey Club of Kentucky
certifying as to the name, age, color, sex, pedigree and
breeder of a horse as registered by number with the Jockey
Club, shall be deemed to refer also to the document known
as a "racing permit" issued by the Jockey Club in lieu of a
"registration certificate" when a horse is recognized as a
Thoroughbred for racing purposes in the United States, but is
not recognized as a Thoroughbred for breeding purposes
insofar as registering its progeny with the Jockey Club.
1.46(a) Reward: Any non-monetary prize, as defined in
Rule 1.39, with a monetary value in excess of $2,500.00, as
determined by the fair market value of the prize, given to
competitors in a race as an incentive to win, place or show.
The fair market value of any prize shall be determined
by the commission. Evidence of fair market value shall
include purchase price and resale value.
Rule 1.46(a) adopted 11/30/94.
1.47 Rules:
When used in the plural, shall be deemed to mean all
current "Rules" promulgated by the Commission; when used
in the singular, shall be deemed to be confined to the
numbered "Rule", and subparagraphs thereof, wherein such
mention is made.
1.48 Rulings:
All determinations, decisions, or orders of the Stewards
duly issued in writing and posted.
Rule 1.48 Rev. March 1976.
1.49 Scratch:
Withdrawal of a horse entered for a race after time of
closing of entries therefor in conformance with these Rules.
1.50 Scratch Time:
Time set by Licensee's Racing Secretary as a deadline
for horsemen to indicate their desire to scratch out of a race.
1.51 Specimen:
Sample of blood, urine or saliva taken or drawn from a
horse for chemical testing.
1.52 Stakes:
All fees paid by subscribers to an added-money or
stakes race for nominating, eligibility, entrance, or starting,
as may be required by the conditions of such race, such fees
to be included in the purse.
1.53 Stakes Race:
A race which closes more than 72 hours in advance of
its running and for which subscribers contribute money
towards its purse.
1.54 Starters:
When referring to a horse -- a horse in a race when the
starting-gate doors open in front of it at the moment the
Starter (a Racing Official) dispatches the horses for a race.
1.55 Stewards:
Duly appointed Racing Officials with powers and duties
as provided by these Rules.
1.56 Subscription:
Nomination or entry of a horse in a stakes race.
1.57 Thoroughbred Racing:
The conduct of running contests between horses, each of
which is registered with the Jockey Club in Lexington,
Kentucky and certified as having a Thoroughbred pedigree,
or which is registered and certified by any other authority
recognized by the commission, and each of which is ridden
by a Jockey, under the auspices of an appropriate
governmental regulatory body which has jurisdiction over
such.
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PROPOSED REGULATIONS 1547
1.57(a) Trophy or Plate:For the purpose of calculating a
prize or reward, a perpetual trophy or plate shall have no
monetary value.
No trophy or plate shall be considered a reward, as
defined by these rules and 3 Del. C §10121 and 10141(c),
unless the trophy or plate has a monetary value exceeding
$2500.00.
The fair value market of any trophy or plate shall be
determined by the commission. Evidence of fair market
value shall include purchase price and resale value.
Rule 1.57(a) adopted 11/30/94.
1.58 Unplaced:
Not among the first three horses finishing a race.
1.59 Walkover:
A race in which the only starter or all starters represent a
single ownership.
1.60 Weigh In:
Presentation of a Jockey to the Clerk of Scales for
weighing after a race.
Rule 1.57 Rev. March 1974.
1.61 Weigh Out:
Presentation of a Jockey to the Clerk of Scales for
weighing prior to a race.
1.62 Weight for Age:
A standard assignment of pounds to be carried by horses
in races at specified distances during specified months of the
year, scaled according to the age of the horse, as set out
hereinafter in these Rules.
1.63 Workout:
A training exercise of a horse on the training or main
track of a Licensee during which such horse is timed for
speed over a specified distance.
1.64 Year:
Twelve consecutive months beginning with January and
ending with December.
1.65 Mandatory Safety Equipment: Helmets andVests
The helmets and vests that are to be worn while riding
astride a horse or pony at any time, for any reason, while on
the grounds of a racetrack that comes under the jurisdiction
of the Delaware Racing Commission.
Rule 1.65 adopted 11/30/94.
PART 3 -- STEWARDS
3.01 Qualifications for Stewards:
No person shall qualify for appointment or approval as a
Steward unless:
(a) In addition to any minimum qualifications
promulgated by the Commission, all applicants for the
position of Steward must be certified by a national
organization approved by the Commission. An applicant for
the position of steward must also have been previously
employed as a steward, patrol judge, clerk of scales or other
racing official at a thoroughbred racing meeting for a period
of not less than forty-five days during three of the last five
years, or have at least five years of experience as a licensed
jockey who has not less than one year as a licensed racing
official at a thoroughbred racing meeting or have ten years of
experience as a licensed thoroughbred trainer who has
served not less than one year as a licensed racing official at a
thoroughbred racing meeting.
(b) He is a person of good moral character and
unblemished reputation.
See 2 DE Reg. 2042 (5/1/99)
3.02 Appointment of Stewards:
There shall be three Stewards at each race meeting, each
of whom shall be appointed by the Commission. If required
by the Commission, biographical data setting out the
experience and qualifications of the nominees shall be
provided to the Commission by the Licensee. No Steward
shall serve until approved by the Commission.
(a) Stewards shall serve from one minute after
midnight on the day before the first racing day until one
minute before midnight on the day after the last racing day of
the race meeting for which they are appointed; provided, in
the event a dispute or controversy arises during a race
meeting which is not settled at the conclusion of the race
meeting, then the power of the Stewards shall be extended
over the period necessary to resolve the matter, or until the
matter is referred or appealed to the Commission; during the
period of the Meeting as required by the Commission
(b) Stewards may be replaced by the Commission at
any time for failure to perform their duties properly and
diligently;
(c) In the event that during a racing meet a Steward
becomes ill, resigns, or is unable to serve for any reason,
then the remaining Stewards, after obtaining approval of the
Commission, shall nominate a successor or temporary
Steward to the Commission for approval. In emergencies, a
single Commissioner by telephone may approve
appointment of a successor Steward.
See 4 DE Reg. 174 (7/1/00)
3.03 General Powers of the Stewards
The Stewards shall exercise immediate supervision,
control and regulation of racing at the race meeting for
which they are appointed. By way of illustration and
without in any way limiting them, the powers of the
Stewards shall include:
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1548 PROPOSED REGULATIONS
(a) Authority over all horses and all persons (except
members of the Commission and its representatives, and
except Licensee's management personnel and staff) on
Licensee's grounds during a race meeting as to all matters
relating to racing;
(b) To determine all questions, disputes, protests,
complaints, or objections concerning racing (as
distinguished from Licensee's business operations and
affairs) which arise during a race meeting, and to enforce
such determinations. All three Stewards shall be on
Licensee's grounds before post time for the first race until
conclusion of the last race. Except for good cause, all three
Stewards shall be present in the Stewards' stand during the
running of each race;
(c) It is preferred but not required that at least one
Steward, or a designated representative of the Stewards, be
present in the paddock at least 20 minutes before each race
and remain there until the horses leave for the starting gate,
to observe the conduct of all persons in and around the
paddock and to inspect, with the Paddock Judge and
Commission's Veterinarian, all horses for fitness;
(d) When requested by the Commission, to review all
applications for registrations or permits to participate in
racing, and, if requested by the Commission, to administer,
or cause to be administered by technically qualified persons,
standard examinations to all first-time applicants to be
registered as or receive a permit to be a Trainer, Jockey,
Apprentice Jockey, Veterinarian, Dental Technician, or
Farrier, and, when requested, make recommendations as to
the qualifications of all applicants for registrations or permits
to participate in racing;
(e) When requested by the Commission, to review all
licenses, registration certificates, and all contracts, papers,
and other documents pertaining to the sale or ownership of a
horse, payment of purse money, Jockey and Apprentice
Jockey contracts, appointments of agents, adoptions of
racing colors or stable name, and advise upon the eligibility
and appropriateness thereof for participation in racing in
Delaware;
(f) To call for proof of eligibility of a horse or person
to participate in a race if such is in question, and in the
absence of sufficient proof to establish eligibility, the
Stewards may rule such horse or person ineligible;
(g) To review stall applications and advise Licensee of
undesirable persons, if any, among Owners and Trainers
applying for stalls, and provide the Licensee with
information pertaining to such undesirable persons;
(h) To supervise the taking of entries and receive all
declarations and scratches, and determine all questions
arising and pertaining to same. The Stewards may in their
discretion refuse the entry of any horse by any person or
refuse to permit a declaration or scratch, or may limit entries
in any way. Upon suspicion of fraud or misconduct, the
Stewards may excuse a horse or replace any Jockey or
Trainer, or Racing Official other than a Steward;
(i) All other powers enumerated in these Rules,
together with such other powers as are necessary to promote
and maintain stringent standards for honesty, integrity, and
propriety for Thoroughbred Racing in Delaware.
See 4 DE Reg. 174 (7/1/00)
3.04 Duties and Responsibilities of Stewards:
In addition to the duties and responsibilities necessary
and pertinent to the general supervision, control and
regulation of race meetings, and without limiting the
authority of the Stewards to perform the same and other
duties enumerated in these Rules, the Stewards shall have
the following specific duties and responsibilities:
(a) To take cognizance of all misconduct or Rule
infractions irrespective of whether complained of; to cause
investigations to be made of all instances of possible Rule
infractions; and to take such action as the Stewards may
deem necessary to prevent a Rule infraction;
(b) At least one Steward, or his designated
representative, shall be on Licensee's grounds from scratch
time (or if not a racing day, when entries are first taken) until
entries are closed. At least one Steward shall be present for
the regular showing of racing films or video tapes.
(c) To suspend or revoke the registration or permit of a
participant in racing, or eject or exclude from Licensee's
grounds or any part thereof any person, whether a registrant
or permittee or not, upon reasonable belief that a violation of
these Rules has or is about to occur;
(d) To interpret and enforce these Rules, and to
determine all questions pertaining to a racing matter not
specifically covered by these Rules in conformity with
justice and the customs of the turf;
(e) To issue decisions or rulings pertaining to racing
which shall, if the Stewards deem proper, vary any
arrangement for the conduct of a race meeting, to include
without limiting thereby, postponing a race, or canceling a
race, ruling a race run as "no contest", or the like;
(f) To request and receive assistance from the
Commission, Racing Officials, members of the
Thoroughbred Racing Protective Bureau, track security
police, state or local police, in the investigation of possible
Rule infractions;
(g) To conduct hearings on all questions concerning
racing matters;
(h) In the event a regularly named Jockey or Trainer or
Racing Official other than a Steward is unable for any reason
to perform, the Stewards may select a substitute therefor.
(i) To see that all pari-mutuel betting machines are
locked not later than the commencement of the race; to cause
the "Inquiry" sign to be posted on the infield odds board as
promptly as possible after the horses have crossed the finish
line in a race if any doubt is held by a Steward or Patrol
Judge as to the fairness of the running of such race; to cause
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PROPOSED REGULATIONS 1549
the "Objection" sign to be posted on the infield odds board
upon the lodging of same; to cause the "Official" sign to be
posted on the infield odds board after determining the
official order of finish for purposes of pari-mutuel payoff;
(j) To review the patrol films or video tapes of each
day's races before commencement of the successive day's
races, and to draw up a list of riders (including all
Apprentice Jockeys) whom the Stewards feel should review
such films for instructional purposes and cause same to be
posted in the Jockey's Room; the Patrol Judges shall assist in
making up the film list and attend all film showings
whenever their other duties permit;
(k) To maintain a daily log, reporting all actions taken
by the Stewards on all controversies which arise during the
day, such report to show name of track, date, weather, track
conditions, claims, results of blood, saliva or urine tests to
the extent available, rulings issued, and any other
circumstances or condition regarded as unusual, such reports
to be signed by all Stewards participating in such action and
filed within 24 hours at such place as the Commission may
designate;
(l) To make periodic inspections of the barn area and
check track security; to make occasional, informal visits to
the Jockeys' Room and observe weighing out and check
security; such inspections and observations so made shall be
noted in the Stewards' Report;
(m) To maintain a Minute Book which shall contain a
detailed written record of all questions, disputes, protests,
complaints or objections brought to the attention of the
Stewards, summary of interviews taken thereon, reports of
investigations thereon, together with rulings issued thereon;
if a ruling is not unanimous, the dissenting Steward shall
record his or her reasons for such dissent; such Stewards'
Minute Book shall be available to the Commission for
inspection at all times, but shall not be open to public
inspection;
(n) When requested to do so, the Stewards shall submit
to the Commission a written report setting out the condition
of the meeting and Licensee's grounds, together with any
recommendation for the improvement thereof which they
may deem appropriate.
(o) To impose fines upon any corporation, association
or person participating in any Thoroughbred horse race meet
at which pari-mutual wagering is conducted, other than as a
patron, and whether licensed or not by the Commission, for a
violation of any provision of 3 Del. C. chapter 101 or these
Rules and Regulations.
The Stewards may not impose a fine in excess of
$2500.00. If it is at any time deemed appropriate that a
larger fine should be imposed, the Stewards shall so
recommend to the Commission and shall refer the matter at
hand forthwith to the Commission. The Stewards shall have
the power to refer any matter before them to the Commission
at any time if it appears proper because of the complexity,
severity, uniqueness or extent of the activities involved or
likely to be involved. Included within these powers is the
authority to impose partial sanctions, such as a conditional
limitation on any person's use of facilities or of the
enclosure.
(p) In suspensions of jockeys for any offense other than
an offense involving fraud, the:
1. Effective date of the suspension is determined
at the discretion of the stewards; and
2. Jockeys serving a suspension of ten days or
less are permitted to ride in a designated race during the
period of a suspension if the:
(a) Race is a stakes race with a purse of
$25,000 or more;
(b) Jockey is named not later than at the time
set for the close of entries for the race; and
(c) Jockey agrees to serve an additional day of
suspension in place of the day in which the jockey rides in a
designated race.
Revised 10/20/93
Revised 5/26/93
PART 19 -- HEARINGS, REVIEWS AND APPEALS
19.01 Procedure Before Stewards:
(a) Before holding any Stewards' hearing provided for
under these Rules, notice in writing must be given to any
party charged with a violation, other than a routine riding
offense occurring in a race, unless such notice is waived in
writing by the person charged.
(b) The notice required by the preceding subsection
shall include:
1. Identification of the specific Rule or Rules
involved, the infraction for which he is charged and a brief
statement of the facts supporting such charge.
2. The time and place of hearing.
3. The statement that the party charged may be
represented by legal counsel or by a representative of any
racing trade organization of which he is a member.
(c) All Stewards' hearings shall be closed and the
Stewards shall cause no public announcement to be made
concerning a matter under investigation until the conclusion
of the hearing and the party charged has been notified of the
decision.
(d) The hearing shall be conducted by no less than two
of the Stewards in such a manner as to ascertain and
determine the substantial rights of the parties involved and
shall not be bound by technical rules of procedure and
evidence. In emergencies during the live racing meet or
during periods when there is no live racing, a hearing may be
conducted by only one Steward.
(e) All testimony at such hearings shall be given under
oath. A record shall be made of the hearing, either by use of
a tape recorder or by court reporter's transcript, or otherwise,
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1550 PROPOSED REGULATIONS
if funds for such are made available from any source. The
Stewards will not be required to receive testimony under
oath in cases where their ruling is based upon a review of the
video tapes of a race.
(f) If, at the conclusion of their hearing, the Stewards
find that a Rule has been violated, they promptly shall issue
a written ruling which sets forth the name of every person
charged with a violation, the Rule violated, their finding as
to the violation of such Rule and the penalty affixed. Copies
of such rulings shall be delivered to each party in interest and
to the Commission and the Licensee, and posted in the
Racing Secretary's office.
19.02 Review and Appeal:
Any party who is penalized by any order or ruling of the
Stewards may apply to the Commission for a review of such
Stewards' order or ruling.
19.03 Application for Review:
An application to the Commission for the review of a
Steward's order or ruling must be made within forty-eight
(48) hours after such order or ruling is issued by written or
oral notice and shall:
(a) Be in writing and addressed to the Commission's
Administrator of Racing, accompanied by a filing fee in the
amount of $250;
(b) Contain the signature of the applicant and the
address to which notices may be mailed to applicant;
(c) Set forth the order or ruling requested to be
reviewed and the date thereof;
(d) Succinctly set forth the reasons for making such
application;
(e) Request a hearing;
(f) Briefly set forth the relief sought; and
(g) Provide assurance to the Commission that all
expenses occasioned by the appeal will be borne by the
applicant; and
(h) Contain a sworn, notarized statement that the
applicant has a good faith belief that the appeal is
meritorious and is not taken merely to delay the penalty
imposed by the stewards.
See 3 DE Reg. 1542 (5/1/00)
19.04 Disposition of Review Application:
After consideration of any such application for review,
the Commission may grant the application, defer it or reject
it. The applicant shall be advised of the Commission's
disposition of his application for review.
19.05 Commission Hearing:
If the Commission grants any such application for
review, before holding any hearing thereon, it shall:
(a) Give written notice forthwith to the applicant and
all other necessary parties personally or by mail, including:
1. Time and place of such hearing as designated
by the Commission Chairman, but such time shall not be less
than five (5) days and no more than thirty (30) days after
service of notice unless at the request of a party and in order
to provide a fair hearing.
2. Except to applicant, a copy of the application
for review.
(b) The Commission may request the Attorney General
to appoint a special prosecutor to carry the burden of proof
showing a Rule violation if the matter involves a Rule
violation and requires a proceeding of an adversary nature,
such prosecutor being an attorney who has had no prior
participation in the matter on review.
The Commission may request the Attorney General, or a
member of his staff other than the special prosecutor, to
serve as law officer for the Commission to assist the
presiding officer in rendering decisions of a judicial nature.
(c) The Commission shall permit all parties that so
desire to be represented by counsel and, to the extent it
deems necessary or appropriate, shall permit all parties to
respond and present evidence and argument on all issues
involved.
(d) The Commission may issue, under the hand of its
Chairman and the seal of the Commission, subpoenas for the
attendance of witnesses and the production of books, papers
and documents, before the Commission, and may administer
oaths or affirmations to the witnesses whenever, in the
judgment of the Commission, it may be necessary for the
effectual discharge of its duties.
If any person refuses to obey any subpoena or to testify
or produce any books, papers or documents, then any
Commissioner may apply to the Superior Court of the county
in which he or the Commission may be sitting and,
thereupon, the Court shall issue its subpoena requiring the
person to appear and to testify or produce any books, papers
or documents.
Whoever fails to obey or refuses to obey a subpoena of
the Superior Court shall be guilty of contempt of court and
shall be punished accordingly.
False swearing on the part of any witness shall be
deemed perjury and shall be punished as such.
(e) All tape recordings or stenographic recordings
taken and transcriptions made of the hearing or any part
thereof shall be paid for by such parties as request that such a
tape or stenographic record be made of the hearing, except
that additional transcripts thereof shall be paid for by the
person desiring such copies.
(f) The Commission may exclude evidence that is
irrelevant, immaterial or unduly repetitious and may admit
evidence that would be inadmissible under the Civil Rules of
Procedure but is evidence of the type commonly relied upon
by reasonably prudent men in the conduct of their affairs.
(g) All or part of the evidence may be received in
written form if the interest of the appearing parties will not
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1551
be substantially prejudiced thereby.
(h) The Commission may take official notice of
technical facts or customs or procedures common to racing.
(i) The Commission may make an informal disposition
of the matter by stipulation, agreed settlement, consent order
or default.
(j) Upon conclusion of the hearing, the Commission
shall take the matter under advisement, shall render a
decision as promptly as possible and shall issue a ruling in
final adjudication of the matter. Such ruling shall set forth
the name of every person charged with a Rule violation; the
Rule number and pertinent parts of the Rule alleged to have
been violated; a separate statement of reasons for the
decision; and penalties fixed by the Commission, if any.
Copies of such ruling shall be delivered to each party in
interest, posted in the Racing Secretary's office of the
Licensee where the matter arose and forwarded to the
national office of the National Association of State Racing
Commissioners.
(k) The Commission, for just cause, may refund the
filing fee to the applicant.
Added: 9/27/94
19.06 Continuances:
(a) All applications for a continuance of a scheduled
hearing shall be in writing, shall set forth the reasons
therefor and shall be filed with the Commission's
Administrator of Racing after giving notice of such
application by mail or otherwise to all parties or their
attorneys, including counsel for the stewards. The
Commission will not consider any continuance request from
counsel for an appellant unless counsel has filed a written
entry of appearance with the Commission. For attorneys
who are not members of the Delaware bar, those attorneys
must comply with the provisions of Delaware Supreme
Court Rule 72 for admission pro hac vice before the
Commission. The Commission will not consider any
continuance request from attorneys who are not members of
the Delaware bar unless and until that attorney has been
formally admitted under Delaware Supreme Court Rule 72
as the attorney of record for the appellant.
(b) When application is made for continuance of a
cause because of the illness of an applicant, witness or
counsel, such application shall be accompanied by a medical
certificate attesting to such illness and inability.
(c) An application for continuance of any hearing must
be received by the Commission at least ninety-six (96) hours
prior to the time fixed for the hearing. An application
received by the Commission within the 96-hour period will
not be granted except for extraordinary reasons. The
Commission will not consider any request for a continuance
absent evidence of good cause for the request. A failure by
an appellant to take reasonable action to retain counsel shall
not be considered good cause for a continuance.
(d) If the Commission approves the application for
continuance, it shall, concurrently with such postponement,
set a date for the continued hearing.
See 3 DE Reg. 1542 (5/1/00)
DEPARTMENT OF EDUCATION
Statutory Authority: 14 Delaware Code,
Section 122(d) (14 Del.C. §122(d))
Educational Impact Analysis Pursuant To 14 Del. C.
Section 122 (D)
605 Student Rights and Responsibilities
A. Type of Regulatory Action Required
Amendment to Existing Regulation
B. Synopsis of Subject Matter of the Regulation
The Secretary of Education intends to amend regulation
605 Student Rights and Responsibilities. The amended
regulation now includes charter schools and corrections have
been made to the title of the Department of Education
Guidelines and to the titles of the regulations that should be
used in developing the district and charter school policies.
The regulation is being re-advertised to add the phrase "and
whenever a student enters or re-enters the school during the
school year" to the requirement that schools shall distribute
and explain these policies to every student at the beginning
of every school year.
This addition makes this regulation compatible with the
language in the regulation on the Possession, Use and
Distribution of Drugs and Alcohol.
C. Impact Criteria
1. Will the amended regulation help improve student
achievement as measured against state achievement
standards? The amended regulation addresses students'
rights and responsibilities which can have an impact on
school climate and student achievement.
2. Will the amended regulation help ensure that all
students receive an equitable education? The amended
regulation continues to insure that all students have the same
information about their rights and responsibilities.
3. Will the amended regulation help to ensure that all
students' health and safety are adequately protected? The
amended regulation continues to assure that students' health
and safety are adequately protected as found in the
information on their rights and responsibilities.
4. Will the amended regulation help to ensure that all
students' legal rights are respected? The amended regulation
continues to ensure that all students' legal rights are
protected as found in the information on their rights and
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1552 PROPOSED REGULATIONS
responsibilities.
5. Will the amended regulation preserve the necessary
authority and flexibility of decision making at the local
board and school level? The amended regulation continues
to give the districts and charter schools the authority and
flexibility to develop their own rights and responsibilities
policies in compliance with federal and state laws.
6. Will the amended regulation place unnecessary
reporting or administrative requirements or mandates upon
decision makers at the local board and school levels? The
amended regulation does require an increase in the
distribution of the rights and responsibilities policies.
7. Will the decision making authority and
accountability for addressing the subject to be regulated be
placed in the same entity? The decision making authority
and accountability continues to be in the same entity.
8. Will the amended regulation be consistent with and
not an impediment to the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies? The amended regulation continues to be consistent
with and not an impediment to the implementation of other
state educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies.
9. Is there a less burdensome method for addressing
the purpose of the amended regulation? There is no less
burdensome method for addressing the purpose of the
amended regulation.
10. What is the cost to the State and to the local school
boards of compliance with the amended regulation? The
amended regulation does require an increase in the
distribution of the rights and responsibilities policies.
605 Student Rights and Responsibilities
1.0 All local school districts shall have their own policies on
student rights and responsibilities and shall distribute and
explain these policies to every student in the school district
at the beginning of every school year. The local district's
policies shall be based on the Technical Assistance Manual
for the Development of District Policies on Student Rights
and Responsibilities and on the Department of Education
regulations, Policy for the School Districts on the
Possession, Use or Distribution of Drugs and Alcohol, and
School District Compliance with the Gun-Free Schools Act.
1.0 All local school districts and charter schools shall have
their own policies on student rights and responsibilities and
shall distribute and explain these policies to every student at
the beginning of every school year and whenever a student
enters or re-enters the school during the school year. These
policies shall be based on the Department of Education
document Guidelines for the Development of District
Policies on Student Rights and Responsibilities, as may be
from time to time revised by the Department of Education,
and on Department of Education regulations, Possession,
Use or Distribution of Drugs and Alcohol, and Compliance
with the Gun-Free Schools Act.
Educational Impact Analysis Pursuant To 14 Del. C.
Section 122 (D)
905 Federal Programs General Complaint Procedures
A. Type of Regulatory Action Required
Amendment to Existing Regulation
B. Synopsis of Subject Matter of the Regulation
The Secretary of Education intends to amend regulation
905 Federal Programs General Complaint Procedures in
order to correct the names of the federal statutes referenced
in 1.0 and to clarify the language and intent of the regulation.
In 2.2 sixty calendar days was changed to sixty working days
and in 3.2 thirty calendar days was changed to sixty working
days to make it the same as 2.2. Corrections have also been
made to the mailing address in 5.0 and the reference to
children with disabilities in the note on IDEA.
C. Impact Criteria
1. Will the amended regulation help improve student
achievement as measured against state achievement
standards? The amended regulation continues to address the
federal programs complaints process not the specifics of
student achievement.
2. Will the amended regulation help ensure that all
students receive an equitable education? The amended
regulation continues to address the federal programs
complaint process and this process is related to assuring an
equitable education for all students.
3. Will the amended regulation help to ensure that all
students' health and safety are adequately protected? The
amended regulation addresses the federal programs
complaint process not health and safety issues.
4. Will the amended regulation help to ensure that all
students' legal rights are respected? The amended regulation
continues to address the federal programs complaint process
which provides protection if a student's rights to services
under the federal legislation listed in the regulation is not
fulfilled.
5. Will the amended regulation preserve the necessary
authority and flexibility of decision making at the local
board and school level? The amended regulation does not
alter the authority and flexibility of decision making at the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1553
local board and school level.
6. Will the amended regulation place unnecessary
reporting or administrative requirements or mandates upon
decision makers at the local board and school levels? The
amended regulation does not alter the reporting or
administrative requirements or mandates upon decision
makers at the local board and school levels.
7. Will the decision making authority and
accountability for addressing the subject to be regulated be
placed in the same entity? The decision making authority
and accountability for addressing the subject to be regulated
will remain in the same entity.
8. Will the amended regulation be consistent with and
not an impediment to the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies? The amended regulation will remain consistent
with and not an impediment to the implementation of other
state educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies.
9. Is there a less burdensome method for addressing
the purpose of the amended regulation? The federal laws
have changed and the references must be corrected in the
regulation.
10. What is the cost to the State and to the local school
boards of compliance with the regulation? The cost to the
State and local school boards remains the same.
905 Federal Programs General Complaint Procedures*
1.0 Programs that are covered by this complaint process
include: Part A of Title I, Improving Basic Programs
Operated by the Local Education Agency; Part B of Title I,
Even Start Family Literacy Program; Part C of Title I,
Migrant Education; Part D of Title I, Children and Youth
who are Neglected, Delinquent, or at Risk of Dropping Out;
Title II Eisenhower Professional Development Program;
Subpart 2 of Part A Title III, State and Local Programs for
School Technology Resources; Part A of Title IV, Safe and
Drug Free Schools and Communities; and Title VI,
Innovative Education Program Strategies, as required under
the Elementary Secondary Education Act (ESEA) of 1965,
as amended by the Improving America's Schools Act
(IASA) of 1994. In addition the Delaware Department of
Education is extending the complaint procedures to include
programs under the Goals 2000: Educate America Act of
1994.
1.0 This complaint process shall apply to the following
programs: Title I Part A Improving Basic Programs
Operated by Local Education Agencies; Title I Part B-1
Reading First; Title I Part B-2 Early Reading First; Title I
Part B-3 William F. Goodling Even Start Family Literacy
Program; Title I Part C Education of Migratory Children;
Title I Part D Prevention and Intervention Programs for
Children and Youth Who are Neglected, Delinquent, or at
Risk; Title I Part F Comprehensive School Reform; Title I
Part G Advanced Placement; Title II Part A Teacher and
Principal Training and Recruiting Fund, Grants to States;
Title II Part A-5-2151(B) School Leadership; Title II Part D
1 and 2 Enhancing Education Through Technology; Title III
Language Instruction for Limited English Proficient and
Immigrant Students; Title IV Part A Safe and Drug Free
Schools and Communities; Title IV Part B 21st Century
Community Learning Centers; Title V Part A Innovative
Programs and Title V Part B-1 Public Charter Schools.
2.0 An organization or an individual may file a written,
signed complaint regarding an alleged violation of Federal
Program Statutes or regulations by the Delaware Department
of Education or the Local Education Agency. The alleged A
written and signed complaint shall be filed with the
Delaware Department of Education and may involve either a
Local Education Agency or the State Education Agency.
2.1 The complaint shall include a statement specifying
the alleged violation by that the State Education Agency or a
Local Education Agency. has violated a requirement of a
Federal statute or regulation that applies to these Local
Education Agency programs and the facts on which the
statement is based. Such statement shall include facts and
documentation of the alleged violation.
2.2 The Delaware Department of Education shall
resolve investigate the complaint and issue a written report
including findings of fact and a decision to the parties
included in the complaint within sixty (60) calendar working
days of the receipt of the complaint. An extension of the
time limit may be made by the Delaware Department of
Education only if exceptional circumstances exist with
respect to a particular complaint.
2.3 The Delaware Department of Education may
conduct an independent on-site investigation of the
complaint, if it is determined that an on-site investigation is
necessary.
3.0 An organization or an individual is encouraged to shall
file a written, signed complaint with the Local Education
Agency, prior to submission of the complaint to the
Delaware Department of Education, concerning an alleged
violation by the Local Education Agency of a Federal statute
or regulation that applies to the Local Education Agency's
program.
3.1 The complaint shall include a statement specifying
the alleged violation by that the Local Education Agency has
violated a requirement of a Federal statute or regulation that
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1554 PROPOSED REGULATIONS
applies to the Local Education Agency's programs and the
facts on which the statement is based. Such statement shall
include facts and documentation of the alleged violation.
3.2 The superintendent or the agency head of the Local
Education Agency shall resolve investigate the complaint
and issue a written report including findings of fact and a
decision to the parties involved in the complaint within thirty
calendar sixty (60) working days of the receipt of the
complaint.
3.3 An appeal of the Local Education Agency decision
may be made by the complainant to the Delaware
Department of Education. The appeal shall be in writing and
signed by the individual making the appeal. The Delaware
Department of Education shall resolve address the appeal in
the same manner as a complaint, as indicated in 2.0.
4.0 Any party to the complaint has the right to request that
the Secretary, U. S. Department of Education, review the
final decision of the Delaware Department of Education.
The request for an appeal of the decision to the Secretary, U.
S. Department of Education, shall be made in writing to the
Delaware Department of Education within sixty days of the
receipt of the decision.
5.0 Complaints and appeals to the Delaware Department of
Education shall be mailed to the following address:
Director of Unified Planning and Quality
Assurance School Improvement
Delaware Department of Education
P. O. Box 1402
Dover, Delaware 19903
* IDEA Part B, as amended, has other specific remedies
and procedural safeguards specified under Section 615 of the
Act to protect disabled students with disabilities. See
Regulation 925, Children with Disabilities.
See 2 DE Reg. 217 (8/1/98)
PROFESSIONAL STANDARDS BOARD
Statutory Authority: 14 Delaware Code, Section
122(d) (14 Del.C. §122(d))
Educational Impact Analysis Pursuant To 14 Del. C.
Section 122(D)
301 General Regulations For Certification Of
Professional Public School Personnel
A. Type Of Regulatory Action Requested
Amendment to Existing Regulation
B. Synopsis Of Subject Matter Of Regulation
The Professional Standards Board in cooperation and
collaboration with the Department of Education seeks the
approval of the State Board of Education to amend 301
General Regulations for Certification of Professional Public
School Personnel by deleting it in its entirety and replacing it
with regulations 1505 Professional Growth Programs, 1510
Initial License, 1513 Denial of License, 1514 Revocation of
License, 1515 Emergency Certificate, 1516 Standard
Certificate, 1519 Alternative Routes to Certification, and
1520 Substitute Teacher. Regulations 1511 Issuance and
Renewal of Continuing License and 1584 Permits also
contain matters that were addressed in regulation 301,
thereby rendering those sections of regulation 301
redundant. It is necessary to amend this regulation in order to
comply with changes in statute regarding the licensure and
certification of educators. Additional changes in statute,
enacted after the initial publication of this regulation,
necessitated further amendments to the regulation. Those
amendments made since the original publication of this
regulation in the February, 2003 Register of Regulations
were made to address additional changes in statute. Changes
in the proposed amended regulations have also been made in
response to comments received from the Department of
Education. 1520 Substitute Teacher has been amended by
deleting it in its entirety and reserving the number for future
development. The regulation has been reconstituted as
separate regulations which address the matters previously
regulated in 301, but which comply with recent changes in
statute. The reconstituted regulations, listed below, have
also been renumbered to reflect their movement to the
Professional Standards Board section of the Department
regulations.
1505 Professional Growth Programs
1510 Initial License
1513 Denial of License
1514 Revocation of License
1515 Emergency Certificate
1516 Standard Certificate
1519 Alternate Routes to Certification
1520 Substitute Teacher - Reserved
The existing 301 General Regulations for Certification
of Professional Public School Personnel are affected by the
amended regulations in the ways indicated in the column on
the right, below:
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1555
1.0 Definitions Incorporated in reconstituted
regulations
2.0 Current Licenses, Certificates
and Permits
1511 Issuance and Renewal
of Continuing License, 1584
Permits
2.7.2 Substitute Teacher 1520 Substitute Teacher
stricken - reserved
3.0 Testing Requirements 1510 Initial License
4.0 Application for Initial
License
1510 Initial License
4.7 Denial of License 1513 Denial of License
5.0 Renewal of Licenses 1511 Issuance and Renewal
of Continuing License
6.0 Licensure Agreements/
Reciprocity
1510 Initial License, 1511
Issuance and Renewal of
Continuing License
7.0 Revocation of Licenses/
Certification
1514 Revocation of License
8.0 Denial of Licenses/Certifications
1513 Denial of License
9.0 Professional Growth
Programs
1505 Professional Growth
Programs
10.0 Certification/National
Board of Professional
Teaching Standards
stricken by change in statute
11.0 Alternative Routes to
Certification Program for
Secondary Teachers
1519 Alternative Routes to
Certification
Table 1:
C. Impact Criteria
1. Will the amended help improve student
achievement as measured against state achievement
standards? The amended and new regulations address
student achievement by establishing standards for initial
licensure of teachers and for the issuance and renewal of
continuing licenses to ensure that highly-qualified teachers
teach Delaware students, and engage in appropriate
professional development to ensure that they maintain
current skills and knowledge.
2. Will the amended help ensure that all students
receive an equitable education? The amended and new
regulations helps to ensure that all teachers hired to teach
students meet high standards for initial licensure and
continuing licensure.
3. Will the amended help to ensure that all students'
health and safety are adequately protected? The new
regulation addresses educator licensure. Regulations
concerning denial and revocation of licenses help to ensure
students' health and safety by providing vehicles to deny or
revoke licenses of individuals whose behavior poses a
danger to students' health and safety.
4. Will the amended help to ensure that all students'
legal rights are respected? The new regulations address
educator licensure issuance, renewal denial, and revocation,
not students' legal rights.
5. Will the amended regulations preserve the
necessary authority and flexibility of decision makers at the
local board and school level? The new regulation will
preserve the necessary authority and flexibility of decision
makers at the local board and school level.
6. Will the amended regulation place unnecessary
reporting or administrative requirements or mandates upon
decision makers at the local board and school levels? The
new regulation will not place unnecessary reporting or
administrative requirements or mandates upon decision
makers at the local board and school levels.
7. Will decision making authority and accountability
for addressing the subject to be regulated be placed in the
same entity? The decision-making authority and
accountability for addressing the subject to be regulated rests
with the Professional Standards Board, in collaboration and
cooperation with the Department of Education, and with the
consent of the State Board of Education.
8. Will the amended regulations be consistent with
and not an impediment to the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies? The amended and new regulations will be
consistent with, and not an impediment to, the
implementation of other state educational policies, in
particular to state educational policies addressing
achievement in the core academic subjects of mathematics,
science, language arts and social studies.
9. Is there a less burdensome method for addressing
the purpose of the amended regulations? 14 Del. C. requires
that we promulgate these regulations.
10. What is the cost to the state and to the local school
boards of compliance with the amended regulations? There
is no additional cost to local school boards for compliance
with the regulations.
301 General Regulations for Certification of Professional
Public School Personnel
1.0 Definitions of terms
Credential Evaluation for Licensure through Transcript
Analysis: A process through which persons who have not
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1556 PROPOSED REGULATIONS
graduated from a state approved teacher education program
in a specific field may obtain a Standard license in Delaware.
Official college/university transcripts shall be submitted to
the Department of Education where they are audited for
compliance with licensure requirements for the specific
field.
Evaluation/Prescription Letter: A letter issued by
Department of Education after the evaluation of an
individual's college transcripts and other official documents.
This letter lists any deficiencies that need to be met related to
specific requirements for licensure in Delaware, as stated in
this Manual. The letter may include deficiencies, such as
coursework, test scores, experience verification and/or may
state other specifics which need to be met for Standard
licensure.
Initial Standard Certificate: A license that was issued in
Delaware from 1982 through 1991. Issuance of this license
indicates the individual met all requirements current during
that time period for a specific area of licensure. In addition,
the qualifying scores for the Pre-Professional Skills Tests
were met before the Initial Standard Certificate was issued.
This license had a validity period of five years, after which
the license was converted to a Standard license, upon
documentation of appropriate employment or coursework.
(See Refresher Coursework and Recency Requirement)
Expired Initial Standard licenses may be renewed as
Standard licenses in the same content area provided refresher
requirements are met.
Internship: One year of supervised, full time, successful
experience in a setting appropriate to the area of licensure.
An Internship may be sponsored by a college or university in
conjunction with a particular set of program requirements; or
it may be sponsored locally through employment by a
district and in conjunction with the Department of
Education.
Interstate Certification Agreement (ICA): A formal
contract signed by individual member states of NASDTEC,
in pairs, specifying the parameters of reciprocity. The
Interstate Agreement is a binding, legal agreement/contract
between two states. The states agree to accept teachers from
programs approved under NASDTEC Standards as well as
fully licensed, experienced personnel. The NASDTEC
organization facilitates the signing of the agreement through
an arm called the Interstate Contract Association.
Reciprocity established in this manner operates under
specific conditions that are clearly defined by the Interstate
Agreement.
Licensure Via Approved Program: A process for
acquiring a teaching license in Delaware and other
NASDTEC states that requires graduating from a
state-approved teacher education program and meeting
specific testing requirements set by the Delaware State
Board of Education. Individuals who receive a Standard
license in Delaware based on an approved program are
eligible for reciprocity with other states. Each state has its
own individual set of testing requirements which the
candidate must meet.
Limited Standard License: A license that is issued to an
individual who is employed in a Delaware public school
setting, but does not meet all of the requirements for
Standard licensure in the area(s) of employment. It may be
issued for a period of between one and six years. No
salaryreduction is required. This license is non-renewable.
NASDTEC: National Association of State Directors of
Teacher Education and Certification, a national organization
of State Department certification personnel and Standards
Boards members who have the responsibility for state
certification and program approval. This organization has
developed and adopted a set of Standards which is used by
each member state, in as much as possible. These Standards
form the basis for the Reciprocity Agreement.
NCATE: National Council for the Accreditation of
Teacher Education: One of two national accrediting bodies
approved by the United States Department of Education.
NCATE accreditation is voluntary in Delaware. Colleges/
Universities apply to NCATE seeking to have both the
education unit of the college/university and specific
education programs given national recognition. Each
program must still be approved by that state's Department of
Education in order to have students graduating from such
programs receive licensure in that state.
Occupational/Vocational Testing: The testing in the
vocational field is a performance test in a particular trade
given under strict guidelines. The National Occupational and
Career Testing Institute (NOCTI) is the only vocational test
available that allows an individual to demonstrate skill
competency in a trade such as welding or plumbing. The
NOCTI organization designs the competency tests and trains
staff at institutional settings to administer the NOCTI
examinations under specific standardized conditions. As the
NTE is used to validate certain aspects of teaching, the
NOCTI is used to validate certain skills in vocational trade
areas.
Partial Assignment: A teaching assignment that is for no
more than two periods per day for a one-year period only.
The individual who is given a partial assignment shall have
previously taken at least fifteen semester hours of
coursework in the content area of the partial assignment. The
intent of the partial assignment is to meet specific emergency
needs a district might encounter on a short term basis, for
example, an enrollment bulge. If the district's situation
warrants that the teacher remain in this assignment after the
initial one year period, the teacher will be granted a Limited
Standard license, allowing three additional years to meet all
of the requirements for Standard licensure.
Permits: Permits are given for specific positions within
the local school districts that do not require a Bachelor's
degree, the PRAXIS I tests or a Standard license. Permits are
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1557
currently given to aides of all types and substitute teachers.
Processing Fee: A non-refundable, one-time fee that
shall accompany all applications for initial Delaware
certification for each evaluation requested.
Professional and Occupational Licenses: Certain
non-educational fields require State of Delaware licenses to
practice. These fields include Electricians, Plumbers,
Cosmetologists, etc. as well as Nurses, Speech Pathologists,
Physicians and others. If an individual works in a school
setting and a State license is required for practice in
Delaware, it is also required for the education position and
for the licensure/certification of that individual. For
example, all School Nurses must meet specific coursework
and degree requirements for their educational position. In
addition, they are required to maintain their State of
Delaware license and continue its renewal according to
Nursing Board requirements for continuing education.
Professional Status Certificate: A certificate that is
issued after an individual has met all requirements for
Standard licensure in a specific area and has been employed
in a Delaware public school in that same area for three
consecutive years. It is issued for a five-year period. The
renewalof this certificate is a function of continued
employment in a public school for three years out of each
five-year renewal period.
Provisional License: A substandard license that required
a 10% reduction in salary. It has not been issued since 7/1/91
and is no longer a valid Delaware license.
Recency Requirement: A requirement for either 6
semester hours of appropriate coursework or appropriate full
time employment within the five year period immediately
preceding application or evaluation for licensure. Recency
requirements are as indicated: (1) the applicant's Bachelor's
degree shall be conferred within the most recent five-year
period; or (2) the applicant shall have completed appropriate
college-level coursework within the most recent five-year
period; or (3) the applicant shall have been employed in a
full time position, in the area of licensure request, for three
years during the most recent five year period.
Reciprocity: A process whereby an individual with a
license or certificate issued by one state can receive an
equivalent license in another state without meeting
additional coursework requirements. Other non-academic
requirements such as professional work experience or testing
may still be required for the license. The process operates
under a very specific set of previously agreed upon rules
between the two states.
Refresher Coursework: Six semester hours of
college-level coursework, taken either at the Bachelor's or
Master's level from a regionally accredited institution, is
required to meet the Recency Requirement for licensure.
Coursework shall include one professional education
elective and one elective in the specific content area of
licensure. This coursework is required only if the applicant is
unable to meet Delaware's Recency Requirement.
Revocation of License/Certificate/Permit: Revocation is
the process of rescinding a Delaware license/certificate/
permit for reasons of immorality, misconduct in office,
incompetence, willful neglect of duty or disloyalty.
Revocation may be considered at the request of a local
school district or initiated by the Secretary of Education.
Specialized Assignment License: An assignment that is
deemed necessary by a local public school district but for
which no specific requirements for licensure exist is termed
a Specialized Assignment. The license is issued on the basis
of a job description for the position. A Standard License will
be issued to an employed individual who meets all the
qualifications of the job description, including passing
PRAXIS I scores. A Limited Standard license will be issued
if any requirements or qualifications are not met and can be
attained. A Temporary License shall be issued when the
person hired does not meet the job description for the
position. Any certificate issued for a Specialized Assignment
is valid only for the specific position for which it was issued.
The certificate is not valid for use in another position,
another district, or another state.
Standard License: A license issued when an individual
has met all requirements for a specific area of licensure,
including the testing requirement. It is issued for an
indefinite period of time except within the Delaware public
school setting, where it is current for a five year period. This
license can only be renewed when the individual is currently
working in a public school setting or other setting for which
it is required by the State of Delaware, such as the
correctional system.
Temporary License: A one-year non-renewable license
issued to a district employee who meets neither the Standard
nor Limited Standard requirements for a specific Delaware
license and who is hired after August 15th of that school
year. A 10% salary reduction is required. This license is a
one year, non-renewable license and can be issued only one
time to the same individual in thesame area of licensure.
Unless the individual holds a Standard license in another
area, they are not eligible for a salary increment.
2.0 Current Licenses, Certificates and Permits
2.1 Professional Status Certificate: The Professional
Status certificate shall be issued to personnel employed in
areas which require at least a baccalaureate degree for full
certification, as well as to individuals who hold Standard
Trade and Industry licenses. Thus, this license will be
available to superintendents, assistant superintendents,
directors, administrative assistants, supervisors, principals,
assistant principals, teachers, librarians, guidance
counselors, school nurses and other personnel who must
have a minimum of a bachelor's degree for full certification.
2.1.1 This license shall be issued to persons who
meet the requirements for a Standard license and who have
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1558 PROPOSED REGULATIONS
been employed by a Delaware public school system for three
(3) consecutive years of the previous five (5) years in the
type of position for which the certificate is appropriate. The
certificate shall be issued for a period of five (5) fiscal years.
2.2 Standard License: The Standard License shall be
issued to personnel employed in areas which require at least
a baccalaureate degree for full certification, as well as to
individuals who meet all requirements for Trade and
Industry licenses. Thus, this license will be available to
superintendents, assistant superintendents, directors,
administrative assistants, supervisors, principals, assistant
principals, teachers, librarians, guidance counselors, school
nurses and other personnel who must have a minimum of a
bachelor's degree for full certification.
2.2.1 The Standard license shall be issued upon
completion of all requirements in a single area of licensure,
along with successful completion of the State of Delaware's
requirement for testing 3.0, for a period of five (5) years.
2.2.2 The Standard license shall be issued to the
following categories of employees which do not require a
baccalaureate degree for full licensure, and/or which do not
require successful completion of the State of Delaware's
testing requirements (3.3): Manager of School Food Service
Programs, Transportation Manager, Administrative Support
Personnel, formerly Educational Secretaries. The issuance of
this license shall not affect either the salary paid or the
negotiating rights of individuals as currently specified in the
Del. C.
2.2.3 The Standard license shall be issued to an
employee of a Delaware public school district who has been
employed in a Specialized Assignment, for which no
specific requirements are defined, and who possesses the
competencies and skills required for the special assignment
(example: museum curator, laboratory technician,
coordinator, etc.). The employee's credentials, including
evidence of the skills and competencies stated in the job
description and posting, will be collected by the employing
district and sent to the State Certification Office along with a
copy of the job description and the qualifications posted for
the position. A determination regarding licensure will be
made by the State Office of Certification. The state testing
requirement for teacher licensure shall be met for this
position.
2.2.3.1 A Standard Endorsement requires a
Standard license as well as specific requirements defined
under the individual licensure requirements.
2.3 Limited Standard License-Non-Renewable
(Substandard): The Limited Standard license may be issued
for a period of one (1) to six (6) years depending on
circumstances defined below. The Limited Standard license
carries no salary penalty and is non-renewable. This license
shall notbe issued at the request of an individual. It is issued
to employees of a public school district or other state agency
requiring certified educational personnel, upon the request of
the personnel designee of the organization, if the employee
has not fully satisfied the requirements for a Standard license
and one or more of the following conditions shall apply:
2.3.1 Limited Standard- Test (LS- T) Issued for a
period not to exceed two (2) fiscal years to persons who have
not, as yet, satisfied the State Board of Education testing
requirement.
2.3.1.1 The local school district superintendent
shall request that this license be issued to a new employee
who has not been previously employed in a Delaware public
school district, and who has not shown evidence of
satisfactory performance on the PRAXIS I/PPST. The
effective date for this non-renewable license shall be July 1
of the year in which the employment began and the
expiration date shall be June 30 of the next, consecutive
fiscal year.
2.3.2 Limited Standard Coursework (LS-C) Issued
for a period of up to three (3) fiscal years to a public school
employee who is lacking no more than twelve (12) graduate
or undergraduate college level semester hours and who has
successfully met all testing requirements. A Limited
Standard- Coursework license may be issued to:
2.3.2.1 An employee who meets all course
requirements for a Standard license, but who has been out of
college five (5) years or more. Six (6) semester hours of
college level coursework will be required to be taken during
the life of the Limited Standard license, or prior to the
issuance of the Standard license (see 5.7), or
2.3.2.2 An employee who holds an expired
Initial Standard, Standard or Professional Status license/
certificate, but who has not taught on that license for at least
three (3) years during the most recent five-year period (see
5.7). Six (6) semester hours of college level coursework will
be required of such an applicant for renewal of the Standard
license or an employee who meets the requirements for the
Limited Standard;
2.3.2.3 An employee who is reassigned to
continue for more than one (1) year in a partial assignment
(see 2.6). At that point, the employee shall have three (3)
years to complete all the specific requirements for licensure
in the area of the partial assignment, regardless of the
number of credits needed. Said employee shall hold a
current, valid, Standard license in another, similar-related
content area
2.3.3 Limited Standard-Vocational (LS-V) May be
issued for a period of up to six (6) years for employees who
need more than sixty 60) semester hours of college level
course work and who are required to satisfy the state's
testing requirement within that six (6) year period.
2.3.4 Limited Standard - Shortage/Critical Need
(LS-S) May be issued for up to three (3) years in areas of
shortage designated annually by the State Department of
Education. Requirements are established in accordance with
areas of need by the State Office of Certification, as
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1559
approved by the Secretary and the State Board of Education.
In this instance, the license may be issued to an employee
who has at least a Bachelor's degree with a major in the
subject area identified as being an area of critical shortage.
2.3.5 Limited Standard - Internship (LS-I) May be
issued for a period of one (1) year for employees who meet
all requirements for a Standard license other than student
teaching or an internship requirement; and/or who have been
accepted to participate in an approved Internship program;
and/ or are teaching through a special program. A Limited
Standard Internship license may be issued to an employee
who is:
2.3.5.1 An exchange teacher from a foreign
country or a teacher in an exchange program between states
or schools or institutions of higher education and/or state
education agencies within the United States or
2.3.5.2 A teacher from a foreign country who
holds a valid certificate/license from that country and a
degree equivalent to a Bachelor's degree as defined in the
United States; or
2.3.5.3 A person employed by a Delaware
public school district who will have the first year of
employment used in lieu of student teaching or who is in the
process of serving one year of supervised experience in order
to meet an experience requirement stated for a specific
license. Either case requires the prior approval of the State
Office of Certification (see 4.5).
2.3.6 A teacher holding a Standard or Professional
Status Certificate in either Elementary (grades 1-8) or
Middle Level (grades 5-8) who is assigned to teach grade 7
and/or 8 math and/or science, regardless of the number of
credits needed for full certification. During the term of the
Limited Standard Certificate, the teacher shall complete the
requirements for the Standard Certificate in the area(s) of the
assignment. This regulation will be effective for three years
from 7/1/98 through 6/30/2000.
2.4 Temporary License- Non-Renewable: Issued at the
request of a local district superintendent under emergency
conditions to a person who is unable to meet the licensure
requirements at the Standard or Limited Standard level. This
license classification carries a reduction in salary and shall
not be requested prior to August 15 of any year. The
Temporary license is a one-year, non-renewable license.
Salary for an employee issued a Temporary license in an
academic area shall be 10% less than the salary for an
employee issued a Standard license with the same
experience and salary level. Salary for a Temporary licensed
person in an area of Trade & Industry shall be reduced by
$400.00 from that of the Standard licensed person having the
same experience and salary level. A Temporary license may
be issued to an employee who meets one of the three
situations listed below:
2.4.1 Academic (10% salary reduction)
2.4.1.1 A Non-degree employee for a regular
teaching position who is currently engaged in pursuing a
Bachelor's degree and who has completed all professional
education requirements including student teaching, but who
lacks no more than six (6) semester hours of credits for
completion of the Bachelor's degree requirements or;
2.4.1.2 A non-degree employee for a regular
teaching position who has completed no less than two (2)
years of college training and who has no less than three (3)
years of successful teaching experience; or
2.4.1.3 An employee who is a graduate of a
non-accredited college. No higher level license may be
issued until the degree is validated (see 4.6.3).
2.4.2 A person whose credentials for any
assignment do not meet Limited Standard licensure
requirements. The 10% salary reduction will or will not be in
effect as indicated below:
2.4.2.1 If the assignment in the area of
Temporary licensure is a full daily schedule, then a 10%
salary reduction is required.
2.4.2.2 If the assignment in the area of
Temporary licensure is one-half or more of the full daily
schedule, then a 10% salary reduction is required.
2.4.2.3 If the assignment in the area of
Temporary licensure is less than half of the full daily
schedule, and the individual has a Standard license in the
primary area ofassignment, then no reduction in salary is
required
2.4.3 Trade and Industry ($400.00 salary
reduction): A non-degree employee for a Trade and Industry
teaching position who has less than six (6) years of work
experience or two (2) years beyond the learning period in the
trade or industrial occupation to be taught.
2.4.4 Special Situations
2.4.4.1 May be issued to any employed person
who fails to meet the requirements for renewal of a
Professional Status certificate, a Standard license, or the
requirements specified under the Limited Standard license,
provided the local district superintendent or designee
chooses to make a written request for the Temporary license.
Salary reduction will be based on whether the employee
holds an Academic or Trade and Industry position; or
2.4.4.2 at the written request of the local
district superintendent or designee to an employee who fails
to meet the coursework requirements specified for a
Standard or Limited Standard license within the period
specified by that license. Such request shall not be made
when an employee fails to meet the testing requirement
within the time specified by the Limited Standard Test; or
2.4.4.3 to an individual at the specific written
request of the employing local district superintendent to the
Secretary of Education of the Department of Education,
upon providing appropriate documentation as specified in
3.5.1.2.1 and 3.5.1.2.2.
2.5 Failure to Meet Requirements
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1560 PROPOSED REGULATIONS
2.5.1 An employee who accepts employment in a
public school district and is licensed below the level of a
Standard license (Limited Standard or Temporary), by
accepting the position agrees that any deficiencies will be
completed within the specified period of that license. Such
licenses are non-renewable. Consequently, if the specific
requirements stated for Standard licensure are not met when
the license expires, the individual is without licensure in
Delaware and may be terminated by the local school district
(see 2.4).
2.6 Teaching Assignment Out of Licensed Area
2.6.1 When a written request is received from the
local Superintendent prior to reassignment, a partial teaching
assignment of no more than two (2) classes or class periods
may be authorized for one (1) school year, if the person
assigned the partial meets the following requirements:
2.6.1.1 Holds a current, valid Delaware
Standard teaching license in a field other than that in which
the partial assignment is to be made; and has at least fifteen
(15) semester hours in the content area of the partial
assignment.
2.6.2 If it is necessary to continue the partial
assignment past the initial year, regardless of the coursework
deficiency, the individual shall be placed on a Limited
Standard license in that area. During the three (3) year period
of the Limited Standard, all requirements for the Standard
license shall be met.
2.7 Permits: Permits are issued for specific positions
within the local school districts that do not require either a
Bachelor's degree or the Test approved for licensure by the
Delaware State Board of Education. Individuals who hold
permits are not considered "certified professional employees
of the public school system" as that phrase is used in 19
Delaware Code, Chapter 1301.
2.7.1 Aide: A permit shall be required for all
persons employed either full time or part time as school or
classroom aides with local, state, federal or other funds.
2.7.2 Substitute Teacher (Delaware Code, Title 14,
§1230).
2.7.2.1 Class A: May be issued to an applicant
who holds, or is eligible to hold a valid Standard Delaware
teacher's license or such a certificate/license that has expired.
The PPST is not required to hold this classification.
2.7.2.2 Class B: May be issued to an applicant
with or without a bachelor's degree who meets at least the
requirements for a Temporary license (see 2.0).
2.7.2.3 Class C: May be issued to an applicant
who is not eligible for either Class A or Class B Permit, but
who is recommended to the Secretary of Education by the
superintendent of a Delaware public school district.
2.7.2.4 Class D: May be issued to an applicant
who is eligible for or holds a Class A, B, or C permit, but
who prefers on a given date to perform substitute teaching
assignments as a volunteer worker, or at a wage rate to be
determined by the Board of Education of the employing
school district.
2.8 Provisions for Exceptions and Changes
2.8.1 An exception to the existing licensure/
certification regulations may be made by the Secretary of
Education at the request of the local chief school officer; or
in the case of an exception for the chief school officer, by the
president of the local board.
2.8.2 An annual report stating the number and type
of exception requests, as well as the disposition of each
exception, shall be sent to the State Board of Education at
the end of each fiscal year beginning with Fiscal Year 1997.
2.8.3 In the event of the consolidation of school
districts where reassignment of a certified personnel is
necessary, the following rules shall apply:
2.8.3.1 Personnel shall be considered certified
for the position to which assigned and a certificate issued.
2.8.3.2 Such certificate or certificates shall be
valid in the consolidated district for the duration of the
reassignment or subsequent assignments resulting from
consolidation.
2.9 Effect of Changes in Rules and Regulations Adopted
7/1/93
2.9.1 State of Delaware Approved Programs: An
individual attending a college/university in the State of
Delaware and currently enrolled in a program approved by
the State of Delaware prior to July 1993 shall not be affected
by any of the changes adopted July 1, 1993, as specified in
the General Regulations for Certification of Professional
Public School Personnel and the Specific Regulations of the
same provided that he/she received the "Institutional
Recommendation" of the college/university.
2.9.2 Evaluation for Licensure via Transcript
Analysis: Individuals who have received a credential
evaluation by transcript analysis that has resulted in
evaluation/prescription letter(s) in their credential file at the
Department of Education will have a period of time to
complete the requirements stated in those respective letters,
according to the following schedule:
2.9.2.1 All evaluation/prescription letters based
on certification regulations adopted prior to the 1974
regulations shall become invalid on June 30, 1993. These
individuals shall be required to meet the General Regulations
for Certification of Professional Public School Personnel and
the Specific Regulations of the same as adopted for
certification effective July 1, 1993.
2.9.2.2 All evaluation/prescription letters dated
June 30, 1990 through June30, 1993 shall become invalid on
June 30, 1996. Effective July 1, 1996 these individuals shall
be required to meet the General Regulations for Certification
of Professional Public School Personnel and the Specific
Regulations of the same as adopted for licensure effective
July 1, 1993.
2.9.3 Individuals Employed and Certified on
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PROPOSED REGULATIONS 1561
Substandard Certificates: An employee who has been issued
a Delaware substandard certificate (Limited Standard,
Provisional, Temporary) prior to July 1, 1993, shall continue
on that certificate until the requirements specified are met or
the certificate expires or the employee no longer occupies
the position for which the certificate was issued. In that latter
two cases, the employee shall be required to meet the July 1,
1993 regulations, if reassigned or re-employed at some later
date, for a position requiring that same licensure.
3.0 Testing Requirements
3.1 Any applicant seeking initial licensure in Delaware
shall provide the state Office of Certification with official
test scores for one or more of the following tests of essential
skills in Reading, Writing and Mathematics: The
Pre-Professional Skills Tests (PPST) and/or The PRAXIS I
Paper and Pencil Tests;- and/or The PRAXIS I Computer
Based Tests.
3.2 Test Scores. (Revised May 1994)
3.2.1 The following minimum passing scores are
required in the areas of Reading, Writing and Mathematics
for each of theTests of essential skills.
3.2.1.1 Pre-professional Skills Test Taken
between 7/1/83 and 10/22/93 Reading - 175, Mathematics -
175, Writing - 172 and/or
3.2.1.2 PRAXIS I - Paper and Pencil Tests
(Passed 7/94) (Tests taken on 10/23/93 and thereafter):
Reading - 175, Mathematics - 174, Writing 173 and/or
3.2.1.3 PRAXIS I - Computer Based Tests
(Passed 7/94) (Tests taken on 10/23/93 and thereafter):
Reading - 322, Mathematics - 319, Writing 319
3.3 Testing Exemptions include individuals holding
Delaware certificates issued prior to July 1, 1983 or having a
completed file on record with the Office of Certification as
of July 1, 1983 which resulted in an evaluation letter for a
certificate/license that is currently in effect, are not required
to take the PPST/ PRAXIS I. The exemption based on an
evaluation letter prior to July 1, 1983 shall expire on 6/30/94,
since letters of that date will become invalid after 6/30/94
(see 2.6.2).
3.3.1 In addition, the following licenses and/or
permits do not require the PPST/PRAXIS I:
Manager of School Food Service Program
Supervisor of School Food Service Program
Transportation Manager
Supervisor of School Bus Transportation
Administrative Support (formerly Secretarial Personnel)
Interpretor Tutor for Hearing Impaired
Permit Substitute Teacher
Permit - Aides
3.4 Acceptable alternatives to the PRAXIS I test scores
include:
3.4.1 Scores from the California Test of Basic
Skills (CTBS) shall be in lieu of PPST/PRAXIS I scores
under the following conditions:
3.4.1.1 The scores were required to receive a
certificate/license in anotherstate and the test was taken as a
condition of meeting certification/licensure requirements in
that state; and
3.4.1.2 The scores total 123, with at least 37 in
each category; and.
3.4.1.3 Effective 7/1/96, the following test
scores can be used to exempt an applicant for initial
Delaware licensure from the corresponding portion of the
PPST/ PRAXIS I: Effective 7/1/97- SAT Tests taken after 4/
1/95 and presented for exemption must meet the score
indicated due to a re-centering of theSAT.
3.4.1.4 Alternate Test And Score Praxis
Exemption
GRE Verbal 490 PRAXIS I Reading
SAT Verbal 480 PRAXIS I Reading
*SAT Verbal 560 PRAXIS I Reading
(After 4/1/95)
GRE Quantitative 540 PRAXIS I Mathematics
SAT Mathematics 520 PRAXIS I Mathematics
Mathematics
*SAT Mathematics 540 PRAXIS I Mathematics
(After 4/1/95)
NTE Core Battery:
Communications Skills 670 PRAXIS I Writing
3.5 Testing Timeline
3.5.1 Individuals may be hired in a Delaware public
school district prior to having taken or passed the PPST/
PRAXIS I. The employee has the period of time, from the
date of hire to the end of the next, consecutive fiscal year to
present passing PPST/PRAXIS I scores to the employing
school district and the State Office of Certification, should
employment remain continuous.
3.5.1.1 Any Standard Aptitude Test (SAT)
scores and/or Graduate Records Exam (GRE) scores and/or
NTE Communication Skills scores intended to be used as an
exemption for the PPST/PRAXIS I, shall be submitted
within the same timeline and scores should pre-date the
employment date.
3.5.1.2 Once this period has expired, the
individual will be without any valid Delaware license and
employment may not be continued unless one of the
following conditions is met:
3.5.1.2.1 Official documentation is
provided to the Department of Education, Office of
Certification, showing successful completion of all parts of
the PPST/PRAXIS I OR
3.5.1.2.2 Based on documented
effectiveness, the superintendent of a public school district
may submit a written request to the Secretary of Education to
grant a third/fourth year for an individual to successfully
complete all parts of the PPST/PRAXIS I tests. The request
shall include:
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1562 PROPOSED REGULATIONS
3.5.1.2.2.1 A letter from the
individual's immediate supervisor attesting to the employee's
effectiveness in the position; and copies of the employee's
evaluations (Delaware Performance Appraisal System - 3
Formative and 1 Summative) from the current schoolyear,
which demonstrate effective performance.
3.5.1.2.3 If the extension is granted, the
individual shall:
3.5.1.2.3.1 Be placed on a one-year
Temporary License at a ten (10) percent reduction in state
salary; and
3.5.1.2.3.2 By October 31 complete
training in all parts of the PPST/PRAXIS I for which
qualifying scores have not been attained, by using the
Learning Plus computer tutorial package or other available
training programs.
3.5.1.2.3.3 By December 31 take the
PPST/PRAXIS I at least once; and twice during the third/
fourth year of employment.
3.5.1.2.3.4 By January 31 the district
shall verify the above to the Department of Education.
3.5.1.3 In the event that employment is
terminated from a Delaware public school district prior to
passing the PPST/PRAXIS I and prior to the end of the next
consecutive fiscal year, an individual may be re-hired and be
granted the amount of time remaining on the original license,
to meet the testing requirement. The total time the employee
shall be employed, without demonstrating passing PPST/
PRAXIS I scores, shall not exceed the amount of time from
original date of hire to the end of the next, consecutive fiscal
year, whether the employment remains continuous or not.
3.5.1.4 When employment is not involved,
there is no time restriction for meeting the testing
requirement; however, the test shall be taken prior to
submitting an application for certification and the testing
requirements may change.
3.5.2 PPST/PRAXIS I scores need not be passing to
initiate the application process. Official scores that are
passing shall be received prior to the issuance of any
Standard license requiring the test (see 3.3 and 3.3.1).
3.5.3 There is no limit on the number of times an
individual may take the PPST/PRAXIS I. Once passed, a
section need not be taken again.
3.5.3.1 Passing scores in each area (Reading,
Writing, Mathematics) may be attained in any testing format.
3.5.4 Presentation of Test Scores to the State
Certification Office.
3.5.4.1 Test scores shall be official and Official
scores are generally computer coded to the Department of
Education at the test site, and are sent directly from
Educational Testing Service to the Office of Certification.
3.5.4.2 Unopened, unaltered envelopes
containing PPST/PRAXIS I scores that were sent to the
individual may be accepted as official. The State Office of
Certification, shall determine whether the scores are
acceptable as presented.
3.5.4.3 If an individual cannot provide official
scores as described above, the applicant may have an official
set of scores sent to the State Office of Certification, directly,
by contacting the Educational Testing Service. After five
years, test scores are considered invalid by ETS and
re-testing is required as a means of providing official scores.
3.5.4.4 Direct verification from another State
Department of Education shall be considered as official. An
original of the grade form shall be forwarded directly from
the other State Department to the Delaware Office of
Certification. This method shall be used only when those
avenues described in 3.5.4.1, 3.5.4.2, and 3.5.4.3 have been
exhausted.
3.5.4.5 Acceptable means for providing
Scholastic Aptitude Tests (SAT) and Graduate Record Exam
(GRE) scores are:
3.5.4.5.1 Have scores sent directly from
the Education Testing Service to the State Office of
Certification.
3.5.4.5.2 Have an official college
transcript forwarded directly to the State Office of
Certification, if a particular institution lists SAT and/or GRE
scores on its transcript.
3.5.4.5.3 Have high school transcript
signed and sealed by the registrar and sent directly to the
State Office of Certification, for SAT verification.
3.6 It shall be the responsibility of the individual
employee/applicant to bear any/all costs related to testing/
re-testing, and the presentation of official scores to the State
Office of Certification.
3.7 Department of Education Employees: All employees
of the Department of Education hired after 7/94 shall pass
PRAXIS I or provide equivalent scores from other
acceptable assessments. These scores shall be presented to
the State Office of Certification as official scores (see 3.5.4).
3.8 Certification Testing Data from Delaware
Institutions of Higher Education with State Approved
Teacher Education Programs.
3.8.1 The State Office of Certification shall receive
the same certification testing information, data or reports
that are provided to each institution of higher education
having a State of Delaware approved program in education.
3.8.2 The request for such information shall be
made directly to the Educational Testing Service or other
testing vendor by the State Office of Certification only. Data
or reports related to alternative test scores, SAT, GRE, and
NET Core Battery, which can be used in Delaware for an
exemption from specific portions of the PRAXIS I tests,
shall also be provided upon request.
4.0 Application for Initial License
4.1 An applicant for initial licensure shall file an
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PROPOSED REGULATIONS 1563
application with the State Office of Certification. The
application shall be supported by official transcripts and
other documentation that may be necessary to perform the
credential evaluation. It shall be the responsibility of the
applicant to provide the necessary documentation in an
appropriate official form. Any and all costs related to
providing appropriate documentation shall be the
responsibility of the applicant.
4.2 Credentials for Application
4.2.1 All documentation to support an application
request for licensure shall be official. Transcripts shall be
signed and sealed by the college/university registrar. If
presented in a sealed, unaltered envelope to the Office of
Certification, transcripts stamped with "Issued to the
Student" are considered official. The Office of Certification
shall determine, solely, whether a transcript or other
document is official.
4.2.2 All other documentation shall be originals,
unless otherwise specified in the Application Packet.
4.2.3 Test scores shall be received directly from the
Educational Testing Service; or be otherwise official (see
3.5.4).
4.2.4 Credentials required for application, if
employed or non-employed, are the same, they shall include:
4.2.4.1 Application for Certification Form.
4.2.4.2 Official transcripts of all institutions
listed on Application forCertification Form at the time of
application for initial licensure.
4.2.4.3 Institutional Recommendation/
Verification of Approved Program.
4.2.4.4 Official PPST/PRAXIS I scores. If not
employed in a public school district at the time of initial
application, official PPST/PRAXIS I scores are required to
apply for an initial evaluation for licensure. Individuals who
are employed in the Delaware public school system have a
period of time to submit passing scores (see 3.5).
4.2.4.5 Non-resident processing fee
(non-refundable), if applicable.
4.2.4.6 Experience verification, when
applicable.
4.2.4.7 Copy of out-of-state certificates/
licenses.
4.3 Receipt of Credentials for Persons Employed in the
Delaware Public School System.
4.3.1 All credentials for licensure other than PPST/
PRAXIS I scores (where applicable) should be received in
the State Office of Certification, prior to employment. If this
is not possible, then the credentials shall be received no later
than two (2) months from the date of employment. Under
these circumstances, it is the responsibility of the district,
before employment, to determine that the person is eligible
to be certified for the position.
4.3.2 If a complete credential file has not been
received by the State Office of Certification, within two (2)
months of the employment date, the applicant shall be paid
at the rate of a substitute teacher until required
documentation for licensure has been received. Under
extenuating circumstances, the district may make a written
request for a waiver.
4.3.3 Upon receipt of the appropriate credentials
and evaluation for license, the individual's salary level, based
on verified degree, experience, military service, and type of
license shall be determined, and shall be made retroactive to
the date of employment.
4.4 Recency of Coursework
4.4.1 If an applicant's Bachelor's degree has not
been conferred within the most recent five-year period; or if
the applicant has not completed appropriate college-level
coursework within the most recent five-year period from the
date of evaluation for licensure or 3 years of full time
experience in the area of the license during the last 5 years,
then six (6) semester hours of refresher coursework may be
necessary, even if all other requirements are satisfied (see
5.7). Refresher coursework shall be taken in a regionally
accredited college or university. All courses shall meet the
approval of the Office of Certification. Inservice coursework
is not appropriate to meet the recency requirement.
4.5 Student Teaching
4.5.1 Successful student teaching at the appropriate
level under the supervision of an accredited teacher
preparation institution shall be required for all standard
licenses, with the exception of the process described below:
4.5.1.1 In lieu of student teaching, one (1) year
of full-time, successful elementary, secondary school, or
appropriate college/university sponsored internship training
in Delaware, under supervision, and given prior approval by
the State Office of Certification may be substituted. This
regulation shall not be used until the individual has met all
other requirements, leaving student teaching as the sole
remaining requirement to be met for Standard licensure.
4.5.1.2 In lieu of student teaching, the six (6)
semester hour student teaching requirement shall be met via
a year of experience, as approved by the State Office of
Certification, and six (6) additional elective semester hours
in professional education in the area of licensure orany area
designated by the employing school district and approved by
the State Office of Certification.
4.5.1.2.1 The State Office of Certification must
give prior approval to this year of experience. The one (1)
year of experience shall be served at the same level or in the
same content area as required for that license (K-4,
elementary 1-8, secondary 7-12, Special Education, Math,
English, etc.). Experience served before approval is obtained
from the State Office of Certification is not appropriate to
meet this requirement.
4.5.1.2.2 Private school experience in lieu of
student teaching shall be served in a regionally accredited/
regularly organized private school. An appropriate
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1564 PROPOSED REGULATIONS
evaluation system, that is equivalent to the Delaware
Performance Appraisal System, shall be in force in order for
the private setting to qualify as an approved site. A private
school is not required to participate in this process. It is
voluntary and is a service to the applicant for Delaware
licensure. Private school experience served before approval
is obtained from the State Office of Certification is not
appropriate to meet this requirement.
4.5.1.2.3 An applicant who did not attain an
undergraduate index sufficient for eligibility for student
teaching at the appropriate level; or an applicant who, for
some other reason, was denied permission by the college to
engage in this experience; may not be certified to teach in
Delaware until the restriction is removed by the college. This
individual shall meet the Specific Requirements for the area
of licensure sought, since the approved program
recommendation is not available.
4.6 Other Considerations for Initial Licensure
4.6.1 Foreign Credentials
4.6.1.1 Applicants with study outside the
United States who are not employed in the Delaware public
school system should submit academic credentials either in
the original or in legible certified reproductions. An analysis
of the degree equivalency is required. The State Office of
Certification has no staff trained in foreign credential
analysis. For this reason, the individual shall submit
credentials to an approved consulting firm specializing in
foreign credential analysis/translation. An official
translation/evaluation accompanying the original shall be
required. The translation/evaluation will assist the Office of
Certification in determining the applicant's licensure status.
Semester hour equivalents and verification of certification/
licensure as a teacher in the foreign country may also be
necessary to complete the evaluation for licensure in
Delaware. A list of appropriate foreign credential
consultants is available from the State Office of
Certification. Since this service is not provided by the
Department of Education, the cost is the full responsibility of
the applicant.
4.6.1.1.1 In making application for
licensure, the individual with foreign credentials shall follow
the standard procedure for all applicants; however, it is more
efficient to submit transcripts for foreign credential analysis
first. Any teaching experience claimed must be properly
verified. If an applicant with foreign credentials is unable to
provide all the required information, a license to teach in
Delaware cannot be issued (see 2.0); and
4.6.1.1.2 Applicants who are part of a
foreign exchange program should refer to 2.3.5.
4.6.2 Professions and Occupations License
4.6.2.1 In areas of licensure where a State of
Delaware professional licenseor registration is required by
law, the applicant must present a current, valid license or
registration upon application for a teaching license. The
State license or registration shall be renewed as required by
law. For initial licensure, a copy of a current, valid State of
Delaware license shall be submitted with all requests for
renewal of a Delaware license that requires the license.
4.6.2.1.1 At any time an individual allows
the required license to lapse or become invalid for any
reason, the Delaware teaching license which requires such
professional licensure shall become invalid as well.
4.6.3 All graduate and undergraduate degrees and
coursework accepted for licensure must be earned from a
college or institution approved by the appropriate regional or
national accrediting agency; however, applicants from
non-accredited colleges may validate the Bachelor's degree
by the completion of six (6) graduate level credits from an
accredited institution or through the National Teacher
Examinations (NTE) (see 4.6.5.1).
4.6.4 Correspondence coursework or courses
delivered by video tape shall have a regionally accredited
institution as the grantor of credit in order to meet
requirements for licensure, and shall be presented to the
Office of Certification on an official transcript from said
regionally accredited institution. Six (6) semester hours of
coursework is the maximum amount of credit allowable via
correspondence (see 4.6.6).
4.6.5 Proficiency Examinations
4.6.5.1 A satisfactory score (fiftieth percentile
or better) on the National Teacher Examinations (NTE)/
PRAXIS II Content Tests may be used:
4.6.5.1.1 to validate work from
non-accredited colleges (see 4.6.3 and 4.6.4);
4.6.5.1.2 to complete requirements for the
major teaching field if the applicant holds a Bachelor's
degree but lacks six (6) semester hours or less for full
licensure and has at least one (1) year of successful teaching
experience in the area required for the license;
4.6.5.1.3 as a substitute for coursework for
an additional teaching field. This applies to a person who is
fully certified and who has satisfactory experience in his/her
major teaching field of at least three (3) years on the
Standard license (documentation of both experience and
level of performance required), and who wishes to qualify
for another teaching field;
4.6.5.1.4 by an applicant who needs only
refresher credits as required under Recency Requirement
(see 5.7);
4.6.5.1.5 to complete requirements for
foreign language in the areas of French, German and Spanish
or any other specific content areas for which the National
Teacher Exam (NTE/PRAXIS II) has been developed and
for which the State of Delaware offers licensure;
4.6.5.1.6 to validate proficiency as a native
speaker; or proficiency of a language gained through
cross-cultural experiences such as living abroad.
4.6.5.2 Occupational Vocational Testing (NOCTI)
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4.6.5.2.1 This test may be taken to
complete requirements in the occupational vocational
education area of Trade and Industry, with approval of the
State Department of Education and they determine the
appropriate cut scores of the NOCTI competency
examinations for each trade area.
4.6.5.2.1.1 The appropriate NOCTI
can be used for nine (9) semester hours of credit in the
vocational elective area of the Specific Requirements of the
Trade andIndustry license and nine (9) semester hours
toward a salary increment.
4.6.5.2.1.2 The NOCTI can be used as
part of an undergraduate bachelor's degree program in
vocational education. The degree-granting college/university
will determine the credit value of the exam in light of the
completion on the Bachelor's degree.
4.6.5.2.1.3 The NOCTI cannot be
used for both 4.6.3.2.1.1 and 4.6.3.2.1.2 above.
4.6.6 Correspondence Coursework
4.6.6.1 Not more than six (6) semester hours of
required courses for licensure in any single area may be
secured by correspondence work. This correspondence work
shall be successfully completed through an accredited
college or in a school listed by a recommended accrediting
agency such as the National Home Study Council.
4.6.6.1.1 Any courses presented in a video
or distance learning format shall be considered as a
correspondence course, as long as attendance on campus in a
formal classroom setting is not required. Consequently,
video courses and distance learning shall be taken through a
regionally accredited college and a maximum of six (6)
semester hours are allowable.
4.6.7 Fees Required
4.6.7.1 A $10.00 non-resident initial
processing fee will be charged for each original evaluation
for licensure at the time of initial application. A resident of
Delaware is an applicant who has been a resident of
Delaware for at least one (1) year. Checks are to be made
payable to the Delaware Department of Education, shall
accompany each Application for Certificate, and are not
refundable. Applications submitted without this fee shall be
returned unprocessed.
4.6.7.2 A $5.00 fee will be charged for each
duplicate certificate/license. Checks are to be made payable
to the Department of Education. Cash or postage stamps are
not acceptable.
4.6.8 The effective date of each license shall be the
actual date of issuance or employment, whichever is earlier;
or the first of the month following the completion of the
semester in which coursework requirements were completed
or the date of completion of testing requirements when no
other requirements were needed. The expiration date shall be
the end of the fiscal year, as appropriate for the license being
issued.
4.6.9 An applicant for initial licensure who meets
all minimum requirements may, in some cases, be issued the
appropriate license for only one (1) year when offered
employment in a Delaware public school district. The
license may be continued/extended for its full term after one
(1) year of successful, full-time teaching experience in a
public school setting and upon the recommendation of the
local district superintendent.
4.7 Denial of License
4.7.1 A license may be denied to an applicant for
initial licensure for the following reasons: lack of good
moral character, misconduct in office, incompetence, willful
neglect of duty, disloyalty or falsification of credentials.
4.7.2 Notwithstanding any other provisions stated
herein, no license shall be issued to an applicant for initial
licensure, for licensure through reciprocity, or for renewal of
licensure, if:
4.7.2.1 There is legal evidence that the
applicant is not of good moral character; or
4.7.2.2 The applicant has had a certificate or
license revoked in another state for immorality, misconduct
in office, incompetence, willful neglect of duty, disloyalty or
falsification of credentials.
5.0 Renewal of Licenses
5.1 The Professional Status certificate is valid for five
(5) fiscal years and shall be renewed upon expiration
provided the employee shall have been employed, full-time,
for at least three (3) school years during the aforesaid
five-year term, in the type of position for which the
certificate was issued.
5.1.1 In the event that the Professional Status
certificate expires and the holder has not been employed
full-time, for three (3) of the most recent five-year period, in
the type of position for which the Professional Status
certificate was issued, the employee shall be required to take
refresher coursework as required in 5.7. Credits earned
during the period when the certificate was valid may be
applied, if appropriate, toward meeting the refresher
requirements as long as the coursework is not older than five
(5) years. Upon completion of the refresher coursework, a
regular Standard license will be issued/renewed.
5.1.2 The holder of an expired Professional Status
certificate, who does meet either the three-year employment
requirement for renewal or the refresher requirements to
qualify for a regular Standard license or renewal of such,
may qualify for a Limited Standard license in the same area,
if such certification is requested by a local district
superintendent as a condition of employment or continued
employment.
5.2 Standard license: The Standard license shall be
renewed upon expiration, provided the employee shall have
been employed in a Delaware public school district or other
state agency requiring certified educational personnel, for at
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1566 PROPOSED REGULATIONS
least three (3) school years during the most recent five-year
period. Said employment shall have been in the type of
position for which the license was issued and for which it is
valid.
5.2.1 The Standard license shall be renewed only
when the employment is not for three (3) consecutive years,
thus rendering the employee ineligible for a Professional
Status certificate. If employment in the appropriate position
is for three (3) consecutive years, the individual shall be
issued the Professional Status certificate and the Standard
license in that area shall not be renewed.
5.2.2 Standard licenses are typically not renewed
for individuals employed outside the Delaware public school
system and appropriate agencies that require certified
educational personnel. The Standard license shall not be
renewed for individuals employed within the Delaware
public school system, unless it is required in the area to
which the employee is currently assigned. Regular Standard
licenses that are not renewed are valid indefinitely. Renewal
of these licenses shall be made only when an assignment/
reassignment within the public school system requires the
employee to hold that specific license.
5.2.3 In the event of a reassignment to an area in
which the Standard license has expired, and when the holder
of that expired license has not been employed for three (3) of
the most recent five-year period in a position for which it
was issued, the holder shall be required to take the refresher
coursework described in 5.7. Six (6) semester hour credits
from regionally accredited colleges/universities earned
during the period when the license was valid but expired
may be applied,if appropriate, toward meeting the refresher
requirement.
5.2.4 The regular Standard license may be renewed
for personnel who previously held a Professional Status
certificate, and who do not meet the three-year, full-time
employment renewal requirement but who have completed
the required refresher coursework. The Standard license
shall be renewed at the time the Professional Status
certificate expires, provided the holder is employed by a
Delaware public school district or state agency requiring
certified educational personnel, in a position requiring that
license.
5.2.5 The holder of an expired license who meets
neither the service requirements nor the refresher
requirements for renewal, may qualify for a Limited
Standard license, if employed by a Delaware public school
district or state agency requiring certified educational
personnel, provided such license is requested by a local
district superintendent or appropriate personnel officer.
5.3 The Initial Standard certificate was valid for a period
of five (5) years between October 1, 1982 and June 30, 1991
and is not renewable. The holder of an Initial Standard
certificate who has been employed, full-time, by a Delaware
public school district or state agency requiring certified
educational personnel for at least three (3) years of the
aforesaid five-year term, and in the type of position for
which the certificate was issued, shall be eligible for a
regular Standard certificate upon expiration of the Initial
Standard certificate. The Initial Standard certificate has not
been issued since July 1, 1991. Since that time, the regular
Standard certificate replaced the Initial Standard certificate
as the initial certificate in Delaware. In the situation
described above, the Standard certificate would be issued for
the next consecutive five-year period.
5.3.1 After three (3) consecutive years of service in
the type of position for which the Initial Standard certificate
was issued, the holder of the Initial Standard is eligible for a
Professional Status certificate in the same area. If employed
in a Delaware public school district or an agency that
requires certified educational personnel, a regular Standard
certificate will not also be issued at that time. It may be
issued later, as appropriate.
5.3.2 The holder of an expired Initial Standard
certificate who has not completed, within the most recent
five-year period, three (3) years of employment in the type
of position for which the certificate was issued, may be
issued a regular Standard license upon completion of six (6)
semester hours of approved refresher work, independent of
employment. A written request must be submitted if the
individual is outside the Delaware public school system.
5.3.3 The holder of an expired Initial Standard
certificate may be issued a Limited Standard license at the
request of a local district superintendent/state agency,
provided he/she is employed in a Delaware public school
district or state agency requiring certified educational
personnel, and in the event they meet neither the experience
or the refresher requirements.
5.4 A Limited Standard license is issued for up to three
(3) years at the request of a local district superintendent, and
is not renewable (see 2.3).
5.5 A Temporary license is valid for one (1) year and is
not renewable. If an applicant for licensure who was
employed on the basis of a Temporary license later qualifies
for a regular Standard then the appropriate license may be
issued.
5.6 Individuals who are not employed in a Delaware
Public School District or other State Agency Requiring
Certified Educational Personnel.
5.6.1 A Professional Status certificate, issued to an
individual while employed in a Delaware public school
district, shall not be renewed. It is considered to be a valid
Delaware licensefor an indefinite period of time.
5.6.1.1 Upon returning to employment within
the Delaware public school system, the Standard license that
was initially issued/used during the previous employment,
shall be renewed when either 5.6.1.1.1 or 5.6.1.1.2 below
can be met:
5.6.1.1.1 verification of the completion of
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PROPOSED REGULATIONS 1567
the appropriate refresher coursework as specified in 5.7.
5.6.1.1.2 provision of appropriate
documentation of three (3) years full-time experience within
the most recent five-year period, teaching in the same area as
the Professional Status certificate.
5.6.1.2 Upon employment in a Delaware public
school district, a Limited Standard license may be issued for
a period of up to three (3) years at the request of a local
district superintendent/designee while the refresher
coursework requirement is being met.
5.6.2 The Standard license, although valid for an
indefinite period of time, is typically not renewed for a
five-year period until the individual holder is employed in a
Delaware public school district or other state agency which
employs certified educational personnel. At the time of
employment within the public school system, and upon
presentation of verification of appropriate refresher
coursework (see 5.7).
5.6.2.1 If an individual with a valid regular
Standard license that is more than five (5) years past its latest
issuance date, seeks employment, he/she will be eligible for
renewal with documentation of appropriate refresher
coursework or experience. If coursework has not been taken,
the regular Standard license cannot be renewed until such
time as the refresher is taken. However, this individual shall
be eligible at the request of the local district superintendent,
to be issued a three-year Limited Standard license while the
appropriate refresher coursework is completed.
5.7 Recency Requirement
5.7.1 Upon initial application for licensure, or when
an additional area(s) of licensure is/are requested, or upon
license renewal, at least six (6) semester hours of the
coursework shall have been taken within the most recent
five-year period. The recency requirement may be satisfied
through appropriately documented employment in the area
of license request, for three (3) years out of the most recent
five-year period. Should neither of these criteria be met, six
(6) semester hours of refresher coursework as specified
below, shall be required prior to Standard licensure or
renewal of license.
5.7.2 Refresher coursework for licensure shall be
taken in a regionally accredited college or university. Said
refresher may be either graduate or undergraduate level
coursework, as was appropriate to meet the original
requirements for licensure in that particular area. In-service
coursework is not appropriate. A total of six (6) semester
hours of refresher coursework is required for license renewal
or to update any degree or coursework that is more than five
(5) years old (see 4.4).
5.7.2.1 If required, the refresher coursework
shall be related to the specific area of licensure requested,
with three (3) semester hours to be taken in the subject/
content area of the license and three (3) additional semester
hours to be taken in professional education directly related to
the certified area. Refresher coursework shall meet the
approval of the State Office of Certification. Refresher
coursework shall be required for:
5.7.2.1.1 Renewing (upon employment in
or assignment to a position)any valid, expired, renewable
certificate/license where the individual has not been
employed in an assigned position requiring that license for
three (3) of the most recent five-year period;
5.7.2.1.2 Updating the recency of any
degree or coursework that is older than five (5) years as it
applies to the use of such coursework or the completion of a
degree used to obtain initial licensure for a new area;
5.7.2.1.3 Updating the recency of any
degree or coursework that is older than five (5) years as it
applies toward meeting the requirements for any additional
area(s) of licensure, after initial licensure.
6.0 Licensure Agreements/Reciprocity
6.1 Individuals graduating from Teacher education
programs that are approved and accredited by the National
Council for Accreditation of Teacher Education (NCATE) or
the National Association of State Directors of Teacher
Education and Certification (NASDTEC) Certification
Reciprocity System or The Interstate Certification Project
(ICP) and have full recommendation from their degree
granting institution shall be accepted for full licensure in
Delaware upon passing the reading, mathematics and writing
parts of the Pre-Professional Skills Tests (PPST/PRAXIS I).
6.2 Interstate Certification Project (ICP)
6.2.1 Classroom Teacher: An applicant with a
bachelor's degree granted after January 1, 1964 in teacher
education whose program is on the list of approved programs
for the ICP will be automatically certified to teach in
Delaware in his/her major area if he/she is fully
recommended for teaching by the degree-granting
institution.
6.2.1.1 An applicant with a bachelor's degree
who holds a valid initial regular certificate/license from one
of the states in the ICP and who has at least 27 months of
successful teaching experience within the immediate past
seven (7) years with at least eighteen (18) months of that
teaching under the license now offered, is eligible for a
Delaware license in the same area. (A copy of the certificate/
license and verification of experience is required.)
6.2.2 All other licensed education personnel (except
Superintendents and Assistant Superintendents).
6.2.2.1 An applicant from one of the states in
the ICP who holds a valid initial regular certificate/license
from the state and who has a minimum of 27 months of
successful performance of professional school services
under the certificate/license is eligible for a Delaware license
in the same area if he/she has attained the same degree level
of education required by Delaware. A copy of the certificate/
license and verification of experience is required.
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1568 PROPOSED REGULATIONS
6.2.3 Licensed Educational Personnel from Other
States (except local District Superintendent)
6.2.3.1 An applicant with a bachelor's degree
who is fully licensed/certified in another state and who has a
minimum of three (3) years of satisfactory experience within
the immediate past five (5) years in the specific teaching area
covered by that certificate/license, will be licensed in that
area if he/she meets the total number of credits required by
Delaware in professional education and the specific field,
but not necessarily the specific courses required in Delaware
if he/she has attained the same degree level of education
required by Delaware.
7.0 Revocation of Licenses/Certification
7.1 Any license other than that of Professional Status
may be revoked by the Secretary of Education for the
reasons of immorality, misconduct in office, incompetence,
willful neglect of duty, disloyalty, or falsification of
credentials.
7.2 Revocation Requested by a School District
7.2.1 When any certified person is dismissed for
immorality, the board making such a determination pursuant
to 14 Del. C. shall, upon final decision, give written notice to
the Secretary of Education of its desire to request the
revocation of that individual's license(s).
7.2.2 When any certified person is dismissed for
misconduct in office, incompetence, disloyalty, or willful
and persistent insubordination, the board making such a
determination pursuant to 14 Del. C. may, upon final
decision, give written notice to the Secretary of Education of
its desire to request the revocation of that individual's
license(s).
7.2.3 The certified copy of the decision of the board
shall be substantial evidence for the Secretary of Education
to revoke the license(s) without a hearing. The district shall
forward its record with regard to the dismissal and any
hearing thereon.
7.2.4 The notice of the revocation(s) by the
Secretary of Education shall be sent to the person by
certified mail and shall give notice that it may be appealed to
the Delaware State Board of Education within thirty (30)
days.
7.3 Revocation or Denial by the Secretary of Education
7.3.1 In a case where the Secretary of Education has
good reason to believe that a certified person not employed
by a public school district has been convicted of a crime
which is evidence of immorality, the Secretary of Education
may initiate proceedings to revoke the person's license(s).
7.3.2 Any revocation by the Secretary of Education,
or any denial of licensure or denial of renewal of license
shall be subject to the following:
7.3.2.1 The Secretary of Education shall ensure
that there has been a fair investigation of the facts, that there
is substantial evidence for the basis of the decision, and that
the person is given notice of the decision and the reasons.
7.3.2.2 The notice of the decision shall be sent
to the person by certified mail, and the person shall have
thirty (30) days, from receipt, to request an informal hearing
before the State.
7.3.2.3 If such a hearing is requested, the
Secretary of Education shall give the person twenty (20)
days prior notice of the date, time and place of the informal
hearing. The notice shall inform the person of the right to
present his position and to be represented by counsel.
7.3.2.4 The Secretary of Education shall render
a decision in writing, setting out the reasons within twenty
(20) days. The decision shall be sent to the person by
certified mail, and shall give notice that it may be appealed
to the State Board of Education within thirty (30) days of
receipt.
7.3.3 All appeals to the State Board of Education
regarding revocation or denial of licensure are pursuant to 29
Del. C., Chapter 101.
8.0 Denial of Licenses/Certificates
8.1 A license may be denied to an applicant for initial
licensure for the following reasons: Lack of Good Moral
Character, Misconduct in Office, Incompetence, Willful
Neglect of Duty,Disloyalty or Falsification of Credentials.
8.2 Notwithstanding any other provisions stated herein,
no license shall be issued to an applicant for initial licensure,
for licensure through reciprocity, or for renewal of licensure,
if:
8.2.1 There is legal evidence that the applicant is
not of good moral character; or
8.2.2 The applicant has had a certificate or license
revoked in another state for immorality, misconduct in
office, incompetence, willful neglect of duty, disloyalty or
falsification of credentials.
9.0 Professional Growth Programs
9.1 Definitions of Terms
9.1.1 Graduate Level Course: Any course to be
used herein which is offered at a regionally accredited
college or university that is considered graduate level at that
institution.
9.1.2 Undergraduate Course: Any course to be used
herein which is offered by a regionally accredited college or
university which carried college credit for an Associate or
Bachelor's degree.
9.1.3 In-service Credits: Any project course offered
by a local Delaware school district or other agency that has
the approval of the Delaware State Department of Education;
or any course offered by the Delaware State Department of
Education. (To be used in a Professional Growth Program,
completion of these courses must have the prior approval of
the local employing school district superintendent.)
9.1.4 Individual Professional Growth Credits:
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Individual activities, i.e. projects, travel, and work
experience, which contribute to the professional growth of
the school employee in his/her assignment. Individual
Professional Growth credits must have the prior approval of
the Delaware State Department of Education and the local
employing school district superintendent. A written
evaluation report by the individual earning the credit shall be
required at the conclusion of the activity.
9.1.4.1 A minimum of one (1) and a maximum
of three (3) in-service credits will be allowed for each
activity, for a maximum of nine (9) Individual Professional
Growth credits.
9.1.5 Credit Calculation: All credits must be
expressed in terms of semester hours. College or university
credits expressed in quarter hours and approved CEUs will
be converted to semester hours by multiplying the number of
quarter hours by two-thirds. In the case in-service credits,
fifteen (15) clock hours of class time is considered the
equivalent of one (1) credit. Credits earned for Professional
Growth activities will be calculated in the same manner as
in-service credits.
9.2 Acceptable Grades
9.2.1 All grades for college-level credit submitted
for a Professional Growth Program must be a grade that
earns a "C" or better from the granting institution. In the case
of credits earned on a pass-fail basis, a grade of pass is
acceptable.
9.3 Acceptable Credits
9.3.1 Credits for the Professional Growth Programs
(B+15, B+30, M+15, M+30, M+45) shall be earned after the
Bachelor's degree has been conferred. They may be
graduate, undergraduate, or in-service. CEUs from
regionally accredited colleges can also be used (1 CEU = 10
clock hours = 2/3 semester hour)
9.3.2 Up to nine (9) Individual Professional Growth
credits may be counted from theB+15 through the M+45.
9.3.3 Undergraduate and graduate credits must be
earned at regionally accredited institutions of higher
learning. Any credits not counted toward a graduate degree
shall be counted in the B+15, B+30, M+15, M+30, M+45
programs.
9.3.4 Undergraduate, in-service, and Individual
Professional Growth credits shall have the prior approval of
the employing local district superintendent/designee before
submission to the State Office of Certification. These credits
shall be relevant and usable to the applying employee.
9.3.5 For Trade and Industry teachers, a Bachelor's
degree equivalent shall be two years of college and six years
of work experience, 14 Del. C., § 1301.
9.4 Salary Increment: An applicant shall hold a
Delaware Standard or Limited Standard license before a
Professional Growth Program salary increment can be
approved.
9.5 Admittance to Graduate School: Applicants for a
Professional Growth Program need not be admitted to a
graduate school in order to have graduate level courses
accepted for these programs.
9.6 Acceptable Professional Degrees
9.6.1 Professional degrees earned in areas other
than professional education will not be accepted for the
Professional Growth Program unless the degree is directly
related to an area of specialty in which the individual is
employed.
9.6.2 To be counted for the Professional Growth
Program, a degree for any individual involved in instruction,
curriculum, or the supervision of instruction must be a
degree in professional education.
9.6.3 Individual courses in any area may be
considered for acceptance in the Professional Growth
Program upon receipt of a written rationale from the
applicant with an endorsement by his/her local employing
school district superintendent.
9.7 Usable Credits: All credits and programs to be
accepted for the Professional Growth Program/state
supported salary increments shall be relevant and usable to
the professional school employee and may be approved or
disapproved by the local employing school district
superintendent.
9.8 Excess Graduate Level Credits: Graduate level
credits earned after a Bachelor's degree or before earning a
Master's degree may be used in the B+15 and the B+30
Professional Growth Programs so long as the same credit is
used only one time. Credits earned in excess of those
required for the Master's degree by the granting institution
can be used in a M+15, M+30 and M+45 Professional
Growth Program.
9.9 Effective Date of Salary Adjustment
9.9.1 The salary adjustment shall be made after the
evaluation and approval of the candidate's application by the
State Office of Certification. The adjustment will be
authorized to be made retroactive to the first of the month
following the date certified by transcript, official grade slip,
or approved in-service slip, as to when the program or credit
was completed.
9.9.2 Retroactive salary adjustment may be by a
single payment or by payments divided equally among all
the pay periods remaining in a current fiscal year as may be
determined by the district or state fiscal officers.
9.10 Appeals Committee: A committee shall be called to
review and make recommendations regarding an appeal that
may result as these rules are administered. The committee
shall include the following: One (1) representative from the
professional organization which represents the applicant,
One (1) staff member from the Department of Education;
and one (1) representative from the Chief School Officers
organization.
9.11 Application Procedures
9.11.1 The applicant shall secure the proper form
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1570 PROPOSED REGULATIONS
from the local school district office, complete the form, and
to return it to his/her school district office for transmittal to
the State Office of Certification.
9.11.2 The applicant shall arrange for the
appropriate authority or institution to provide verification, if
needed, regarding graduate level of courses or any other
information that might be needed to support his/her
application for the Professional Growth Program.
9.11.3 Application for evaluation shall not be
submitted prior to the completion of the Professional Growth
Program.
9.11.4 A salary increment for the current fiscal year
(July 1 - June 30) based upon approval of the application
must be received in the State Office of Certification by June
1. This cut-off date is necessary to allow adequate time for
evaluation and notification to the district payroll office for
salary adjustment. Applications received after this date will
be approved effective the first day in the new fiscal year. No
salary credit shall be retroactive into a prior fiscal year.
10.0 Certification/National Board of Professional Teaching
Standards
10.1 To be eligible to apply for national board
certification (and, therefore, for the award) an individual
shall:
10.1.1 Hold a baccalaureate degree from a
regionally-accredited institution of higher education.
10.1.2 Verify the completion of at least three years
of successful, full-time experience teaching in one or more
elementary, middle-level, and/or secondary schools.
Substitute teaching does not count for this experience.
10.1.3 Be currently employed in a Delaware public
school.
10.2 Application Procedures
10.2.1 By a date prescribed each year, teachers
interested in applying for national certification shall request,
complete, and return an Award Application to the State
Office of Certification. If more than fifteen (15) applications
are received in any given year, a total of fifteen applicants to
receive the awards will be chosen by lottery.
10.2.2 The applicant shall complete the forms and
return them to the State Office of Certification by the annual
deadline for processing and submission to the National
Board. The application for national board certification shall
be completed in full and returned before the individual can
obtain the award specified in this policy.
10.2.3 The application for national board
certification and the $500.00 initial application fee shall be
sent from the State Office of Certification directly to the
National Board for Professional Teaching Standards.
10.2.4 As bills are sent to the teacher by the NBPTS
for additional application fees and related costs up to a total
of $2,000.00, the teacher will forward the bills to the Office
of Professional Standards and Certification for payment to
the National Board.
10.2.5 A teacher may receive an award only one
time for working toward national certification in a particular
field/level.
10.2.6 Should a teacher/applicant be involved in
another national board certification program like the
Princeton Project, which also pays part of the fees for the
national certification, this program will pay the other part of
the fees and related costs up to the total of $2,000.00 for all
support.
10.2.7 The Documents that shall be submitted to
complete the application and reporting process include the
Award Application and the NBPTS Application.
10.3 Salary Adjustment: School district personnel
offices shall verify for the State Office of Certification
completion of national board certification by any teacher
paid under 14 Del.C. §1305.
11.0 Alternative Routes To Certification Program For
Secondary Teachers
11.1 Eligibility for Participation in Program is defined
in 14 Del.C. §1260.
11.2 Candidates employed for secondary teaching
positions who do not meet the certification requirements for
a limited standard or standard Delaware certificate and who
do not meet the criteria will be issued a one-year temporary
certificate and will be required to meet the Delaware
certification requirements for the area in which they are
teaching.
11.3 School districts or charter schools employing a
secondary-level candidate for the alternative routes program
must meet the criteria set forth in 14 Del.C. §1260.
11.4 The Alternative Routes to Certification Program
shall be offered in three interrelated but distinct components
- a summer institute of intensive study, a practicum
experience the first year of teaching, and seminars in
teaching during and immediately following the first year of
teaching.
11.4.1 A summer institute of approximately 120
instructional (clock) hours completed by the candidate prior
to the beginning of his/her teaching assignment. This
includes an orientation to the policies, organization and
curriculum of the employing school district or Charter
School, instructional strategies and classroom management
and adolescent development.
11.4.1.1 Candidates employed too late to
participate in the summer institute will complete the
practicum experience and seminars on teaching during the
first school year and will participate in the summer institute
following their first year of teaching.
11.4.2 A one-year, full-time practicum
experience which includes a period of intensive on-the-job
mentoring and supervision beginning the first day in which
the candidate assumes full responsibility for a classroom and
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PROPOSED REGULATIONS 1571
continuing for a period of thirty (30) weeks.
11.4.3 Seminars on Teaching that provide
alternative routes to certification teachers with
approximately 120 instructional (clock) hours during the
first year of their teaching assignment and during a one week
intensive seminar the following summer.
11.4.4 Mentoring Support: Mentoring support
shall be carried out in accordance with Section 1261 (b) (2)
(3) of 14 Del. C.
11.4.5 Evaluation/Supervision: Evaluation/
supervision shall be conducted as per Section 1261 (b) (2)
(3) of 14 Del. C.
11.5 Program Evaluation: Those responsible for
alternative routes to certification programs approved by the
State Office of Certification shall develop a program
evaluation process. The focus of the program evaluation
must be to demonstrate the degree to which teachers who
complete the program are effective in the classroom.
1505 Professional Growth Programs (Effective through
6/30/03 only)
1.0 Content: This regulation shall apply to professional
growth programs for educators, pursuant to 14 Del. C. §
1305.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise:
"Department" means the Delaware Department of
Education.
"Graduate level course" means any course to be used
herein which is offered at a regionally accredited college or
university that is considered graduate level at that institution.
"Individual professional growth credits" means
individual activities (i.e., projects, travel, and work
experience) which contribute to the professional growth of
the school employee in his/her assignment.
"In-service credit" means credit offered by school
districts, charter schools, Delaware educationally related
organizations, the Department, or individual professional
growth programs and approved by the state in-service
committee.
3.0 Credits.
3.1 Three (3) in-service credits will be allowed for each
activity, for a maximum of nine (9) individual professional
growth credits. Individual professional growth credits must
have the prior approval of the Department and the local
employing school district superintendent or charter school
principal. A written evaluation report by the individual
earning the credit shall be required at the conclusion of the
activity.
3.2 Credit Calculation.
3.2.1 All credits must be expressed in terms of
semester hours. College or university credits expressed in
quarter hours and approved CEUs will be converted to
semester hours by multiplying the number of quarter hours
by two-thirds. In the case in-service credits, fifteen (15)
clock hours of class time is considered the equivalent of one
(1) credit. Credits earned for professional growth activities
will be calculated in the same manner as in-service credits.
3.3 Acceptable Grades
3.3.1 All grades for college-level credit
submitted for a professional growth
program must be a grade that earns a "C" or better from the
granting institution. In the case of credits earned on a passfail
basis, a grade of pass is acceptable.
3.4 Acceptable Credits
3.4.1 Credits for the professional growth
programs
(B+15, B+30, M+15, M+30, M+45) shall be earned after the
Bachelor's degree has been conferred. They may be
graduate, undergraduate, or in-service. CEUs from
regionally accredited colleges can also be used (1 CEU = 10
clock hours = 2/3 semester hour)
3.4.2 Up to nine (9) individual professional
growth credits may be counted from the B+15 through the
M+45.
3.4.3 Undergraduate and graduate credits must
be earned at regionally accredited institutions of higher
learning. Any credits not counted toward a graduate degree
shall be counted in the B+15, B+30, M+15, M+30, M+45
programs.
3.4.4 Undergraduate, in-service, and individual
professional growth credits shall have the prior approval of
the employing local district superintendent/designee before
submission to the State Office of Certification. These credits
shall be relevant and usable to the applying employee.
3.4.5 For Trade and Industry teachers, a
Bachelor's degree equivalent shall be two years of college
and six years of work experience (14 Del. C., § 1301).
3.5 Salary Increment.
3.5.1 An applicant shall hold a Delaware
Standard or Limited Standard license before a Professional
Growth Program salary increment can be approved.
3.6 Admittance to Graduate School: Applicants for a
professional growth program need not be admitted to a
graduate school in order to have graduate level courses
accepted for these programs.
3.7 Acceptable Professional Degrees
3.7.1 Professional degrees earned in areas other
than professional education will not be accepted for the
professional growth program unless the degree is directly
related to an area of specialty in which the individual is
employed.
3.7.2 To be counted for the professional growth
program, a degree for any individual involved in instruction,
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1572 PROPOSED REGULATIONS
curriculum, or the supervision of instruction must be a
degree in professional education.
3.7.3 Individual courses in any area may be
considered for acceptance in the professional growth
program upon receipt of a written rationale from the
applicant with an endorsement by his/her local employing
school district superintendent.
3.8 Usable Credits.
3.8.1 All credits and programs to be accepted
for the professional growth program/state supported salary
increments shall be relevant and usable to the professional
school employee and may be approved or disapproved by the
local employing school district superintendent.
3.9 Excess Graduate Level Credits.
3.9.1 Graduate level credits earned after a
Bachelor's degree or before earning a Master's degree may
be used in the B+15 and the B+30 professional growth
programs so long as the same credit is used only one time.
Credits earned in excess of those required for the Master's
degree by the granting institution can be used in a M+15,
M+30 and M+45 professional growth program.
3.10 Effective Date of Salary Adjustment
3.10.1 The salary adjustment shall be made after
the evaluation and approval of the candidate's application by
the Office of Professional Accountability. The adjustment
will be authorized to be made retroactive to the first of the
month following the date certified by transcript, official
grade slip, or approved in-service slip, as to when the
program or credit was completed.
3.10.2 Retroactive salary adjustment may be by a
single payment or by payments divided equally among all
the pay periods remaining in a current fiscal year as may be
determined by the district or state fiscal officers.
3.11 Appeals Committee.
3.11.1 A committee shall be called to review and
make recommendations regarding an appeal that may result
as these rules are administered. The committee shall include
the following: One (1) representative from the professional
organization which represents the applicant, One (1) staff
member from the Department; and one (1) representative
from the Chief School Officers organization.
3.12 Application Procedures
3.12.1 The applicant shall secure the proper form
from the local school district office, complete the form, and
to return it to his/her school district office for transmittal to
the Office of Professional Accountability.
3.12.2 The applicant shall arrange for the
appropriate authority or institution to provide verification, if
needed, regarding graduate level of courses or any other
information that might be needed to support his/her
application for the professional growth program.
3.12.3 Application for evaluation shall not be
submitted prior to the completion of the professional growth
program.
3.13 A salary increment for fiscal year 2004 (July 1
- June 30) based upon approval of the application must be
received in the Office of Professional Accountability by June
1. This cut-off date is necessary to allow adequate time for
evaluation and notification to the district payroll office for
salary adjustment. No salary credit shall be retroactive into a
prior fiscal year.
1510 Issuance Of Initial License Issuance Of Initial
License
1.0 Content: This regulation shall apply to the issuance of
an initial license for educators, pursuant to 14 Del. C. §
1210.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise:
"Alternative Routes to Licensure and Certification"
means programs approved by the Department of Education
to certify or license candidates who hold bachelors degrees
with appropriate to the instructional field they desire to
teach, but who did not complete a regionally accredited
educator preparation program.
"Composite score" means a total of an applicant's
scores on all three (3) subtests of Praxis I which is equal to,
or greater than, the sum of the passing scores on the three
subtests.
"Date of hire" means the effective date of employment
by a school district, charter school, or other employing
authority.
"Department" means the Delaware Department of
Education.
"Educator" means a public school employee who holds
a license issued under the provisions of 14 Del. C., Chapter
12, and includes teachers and administrators, and as
otherwise defined by the Standards Board and the State
Board, pursuant to 14 Del. C. § 1203, but does not include
substitute teachers.
"Examination of general knowledge" means a
standardized test which measures general knowledge and
essential skills in mathematics or quantitative and verbal
skills, including reading and writing.
"Exigent circumstances" means unanticipated
circumstances or circumstances beyond the educator's
control, including, but not limited to, expiration of a license
during the school year, serious illness of the educator or a
member of his/her immediate family, activation to active
military duty, and other serious emergencies which
necessitate the educator's temporarily leaving active service.
"Jurisdiction" means a state, territory or country.
"License" means a credential which authorizes the
holder to engage in the practice for which the license is
issued.
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PROPOSED REGULATIONS 1573
"Mentoring" means activities prescribed by the
Department and/or other employing authority in which a
holder of an initial license must engage during the three-year
term of the initial license.
"Novice applicant" means an applicant who has not
previously held an initial license in Delaware.
"Standard Certificate" means a credential issued to
certify that an educator has the prescribed knowledge, skill
and/or education to practice in a particular area, teach a
particular subject, or teach a category of students.
"Standards Board" means the Professional Standards
Board established pursuant to 14 Del. C. § 1201.
"State Board" means the State Board of Education of
the State pursuant to 14 Del. C. § 104.
"Student teaching program" means a program
accredited by the National Association of State Directors of
Teacher Education and Certification or the National Council
for the Accreditation of Teacher Education, which includes
traditional student teaching programs, or such alternatives as
deemed appropriate to the program, such as supervised
internships or other field based experience recognized as a
required component of the regionally accredited educator
preparation program. For the purposes of this regulation,
student teaching program also means one year of teaching
experience consisting of a minimum of 91 days of long term
teaching experience at one assignment.
3.0 In accordance with 14 Del. C. § 1210, the Department
shall issue an initial license to a novice applicant who
submits evidence of (1) receipt of a bachelors degree from a
regionally accredited 4-year college or university; (2)
completion of a student teaching program, or one year of
teaching experience consisting of a minimum of 91 days of
long term teaching experience at one assignment, or
enrollment in an Alternative Routes to Licensure and
Certification program, and (3) a passing score on an
examination of general knowledge, such as PRAXIS I, or
such other alternative as may be established by the Standards
Board, with the approval of the State Board. For the
purposes of this regulation, a bachelor's degree for a trades
and industry teacher shall be two (2) years of college or
technical training, plus six (6) years of trade experience. An
initial license shall also be issued to an applicant currently
licensed as an educator in another jurisdiction with less than
three years of teaching experience or to an applicant who
previously held a valid Delaware standard or professional
status certificate who has been out of the profession for more
than three years. In addition to an initial license, applicants
must also apply for a standard certificate in the particular
area, subject, or category in which they wish to be employed,
and must verify that they possess the prescribed knowledge,
skill and/or education to practice in that area, subject, or
category. (See 14 DE Admin. Code 1516).
3.1 An applicant for an initial license shall submit the
application form, official transcripts, and official scores on
an examination of general knowledge to the Department.
3.1.1 Official transcripts shall be forwarded
directly from the issuing institution or by the applicant in an
unopened, unaltered envelope.
3.2 Examination of General Knowledge Requirements
3.2.1 An applicant seeking initial licensure in
Delaware shall provide the Department with official test
scores for one or more of the following tests of essential
skills in reading, writing and mathematics: the PRAXIS I
Tests or such alternatives as set forth in 3.2.4 below.
3.2.2 Scores of Examinations of General
Knowledge.
3.2.2.1 The following minimum passing
scores are required in the areas of reading, writing and
mathematics for each of the examinations of essential skills.
3.2.2.1.1 Pre-professional Skills Test
Taken between 7/1/83 and 10/22/93: reading - 175,
mathematics - 175, writing - 172.
3.2.2.1.2 PRAXIS I - Paper and Pencil
Tests (Tests taken on 10/23/93 and thereafter) and
computerized pre-professional skills tests taken 1/1/02 and
thereafter: reading - 175, mathematics - 174, writing - 173.
3.2.2.1.3 PRAXIS I - Computer Based
Tests (Tests taken on10/23/93 and thereafter): reading - 322,
mathematics - 319, writing - 319.
3.2.3 Individuals holding Delaware certificates
issued prior to July 1, 1983 are exempt from the testing
requirements.
3.2.4 Acceptable alternatives to the PRAXIS I
test scores include:
3.2.4.1 Scores from the California Test of
Basic Skills (CTBS) shall be accepted in lieu of PPST/
PRAXIS I scores if the test was taken as a condition of
meeting certification or licensure requirements in that state
and the scores total 123, with a minimum of at least 37 in
each category.
3.2.4.2 Scholastic Aptitude Tests (SAT)
taken after 4/1/95 and presented for exemption must meet
the scores set forth below due to a re-centering of theSAT.
3.2.4.2.1 A minimum score of 520 on
the SAT Mathematics taken prior to 4/1/95, and a minimum
score of 540 on the SAT Mathematics test taken thereafter
will be accepted as fulfillment of the PRAXIS I Mathematics
requirement.
3.2.4.2.2 A minimum score of 480 on
the SAT Verbal test taken prior to 4/1/95, and a minimum
score of 560 on the SAT verbal test taken thereafter will be
accepted as fulfillment of the PRAXIS I reading
requirement.
3.2.4.3 Graduate Record Examination (GRE)
scores presented for exemption must meet the scores set
forth below.
3.2.4.3.1 A minimum score of 490 on
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1574 PROPOSED REGULATIONS
the Graduate Record Examination (GRE) Verbal test will be
accepted as fulfillment of the PRAXIS I reading
requirement.
3.2.4.3.2 A minimum score of 540 on
the Graduate Record Examination (GRE) Quantitative test
will be accepted as fulfillment of the PRAXIS I mathematics
requirement.
3.2.4.4 National Teacher Examination (NTE)
Core Battery Communications Skills with a minimum score
of 670 will be accepted as fulfillment of the PRAXIS I
writing requirement
3.2.5 Any Scholastic Aptitude Test (SAT)
scores, Graduate Records Exam (GRE) scores or NTE
Communication Skills scores intended to be used as an
exemption for the PPST/PRAXIS I, shall be submitted
within the same timeline as that required for PRAXIS I and
scores must pre-date the employment date.
3.2.6 Timeline for Examination of General
Knowledge.
3.2.6.1 An applicant for an initial license
must pass PRAXIS I or an approved alternative within the
period of time from the date of hire to the end of the next,
consecutive fiscal year. An initial license issued without the
passage of PRAXIS I shall be suspended at the end of the
fiscal year during which the license was issued if proof of
passage of PRAXIS I has not been provided. This
suspension shall remain in effect until the license holder
passes PRAXIS I or until the initial license expires,
whichever first occurs. Notwithstanding the foregoing, the
superintendent of the employing school district or charter
school may submit to the Secretary of Education a written
request for a one-year extension. The request must
document the effectiveness of the applicant.
3.2.6.1.1 An applicant for an initial
license who does not achieve a passing score on PRAXIS I,
but whose score on PRAXIS I is within 2 points of the
passing score on the reading, writing, or mathematics section
of PRAXIS I may use a composite score to meet the
requirements of passage. Notwithstanding the use of a
composite score, an applicant who seeks to teach in the
secondary content areas of mathematics or English/language
arts must meet the passing score in that content area.
3.2.6.2 An applicant in a vocational trade and
industry area must pass PRAXIS I or an approved alternative
within six (6) years of the date of employment or before the
expiration of the initial license, whichever is later.
3.2.7 There is no limit on the number of times
an individual may take the PPST/PRAXIS I. Once passed, a
section need not be taken again.
3.2.7.1 Passing scores in each area (reading,
writing, mathematics) may be attained in any testing format.
3.2.8Submission of Scores of Examination of
General Knowledge.
3.2.8.1 Test scores shall be official and sent
directly from Educational Testing Service or other test
vendor to the Department.
3.2.8.2 Unopened, unaltered envelopes
containing PPST/PRAXIS I scores, or scores of acceptable
alternatives, sent to the individual may be accepted as
official. The Department shall determine whether the scores
as presented are acceptable.
3.2.8.3 Direct verification from another State
Department of Education shall be considered as official. An
original of the grade form shall be forwarded directly from
the other State Department to the Department. This method
will be accepted only when official test scores from
Educational Testing Service are not available.
4.0 An initial license is valid for three (3) years, unless
revoked, and may not be renewed. Notwithstanding the
foregoing, an initial license issued to an applicant in a
vocational trade and industry area is valid for up to six (6)
years to provide time for completion of specified college
level course work required for certification.
4.1 An initial license issued to an applicant who is not
currently employed by a school district, charter school, or
other employing authority shall be inactive until such time as
an applicant is employed by a public school district or
charter school. Once employed, the initial license shall be in
effect for three (3) years from the date of hire until the last
day of the month of issuance three (3) years later, except in
the case of the vocational and trade industry areas which
shall expire on the last day of the month of issuance six (6)
years later.
4.2 During the term of the initial license, license
holders are required to participate in mentoring and other
prescribed professional development activities offered by the
Department and by the school district or charter school or
other employing authority in which they are employed.
5.0 Applicants with Foreign Credentials.
5.1 Applicants graduating from foreign institutions
shall provide an analysis of the degree equivalency, along
with all other required application materials, which shall be
reviewed by the Department.
6.0 The Department may extend an initial license for a
period not to exceed one (1) year, exigent circumstances
warranting the necessity of such extension.
6.1 A license holder whose license expires during the
school year may have the initial license extended until the
last day of the fiscal year upon a request from the district
superintendent, charter school administrator, or other
employing authority. This extension shall be considered an
exigent circumstances and shall not exceed one (1) year in
length.
7.0 An educator may take a leave of absence of up to three
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PROPOSED REGULATIONS 1575
(3) years with no effect upon the validity or expiration of the
initial license.
8.0 An applicant shall disclose his or her criminal
conviction history upon application for an initial license.
Failure to disclose a criminal conviction history is grounds
for denial or revocation of an initial license as specified in 14
Del. Code, § 1219.
9.0 This regulation shall apply to all requests for issuance of
an initial license, except as specifically addressed herein.
9.1 Educators whose applications for certification in
Delaware were received prior to August 31, 2003, and
whose applications and credentials have been reviewed by
the Department and resulted in the issuance of an evaluation
or prescription letter shall be required to meet the General
Regulations for Certification of Professional Public School
Personnel and the Specific Regulations as adopted for
certification effective July 1, 1993.
9.2 Educators employed on a Limited Standard
Certificate or a Temporary Certificate issued prior to August
31, 2003 shall continue on that certificate until the
requirements specified are met or the certificate expires,
whichever comes first. In no case shall a Limited Standard
or Temporary Certificate be valid after July 1, 2008.
10.0 The Secretary of Education may, at the request of
the superintendent of a local school district or charter school
administrator or other employing authority, review licensure
credentials on an individual basis and grant a license to an
applicant who otherwise does not meet the requirements for
initial license, but whose effectiveness of documented by the
local school district, charter school, or other employing
authority.
1513 Denial Of Licenses
1.0 Content: This regulation shall apply to the denial of an
initial license, continuing license and/or advanced license for
educators pursuant to 14 Del. C. § 1217.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise.
"Advanced license" means a license issued as part of the
three-tiered licensure system set forth in 14 Del. C. § 1213
and § 1214.
"Department" means the Delaware Department of
Education.
"Continuing license" means a license issued as part of
the three-tiered licensure system set forth in 14 Del. C. §
1211 and §1212.
"Educator" means a public school employee who holds
a license issued under the provisions of 14 Del. C., Chapter
12, and includes teachers and administrators, and as
otherwise defined by the Standards Board and the State
Board, pursuant to 14 Del. C., § 1203, but does not include
substitute teachers.
"Good moral character" means conduct which is
consistent with the rules and principles of morality expected
of an educator.
"Immorality" means conduct which is inconsistent with
the rules and principles of morality expected of an educator
and may reasonably be found to impair an educator's
effectiveness by reason of his or her unfitness or otherwise.
"Initial license" means a license issued as part of the
three-tiered licensure system set forth in 14 Del. C. § 1210.
"Secretary" means the Secretary of the Delaware
Department of Education.
"Standards Board" means the Professional Standards
Board established pursuant to 14 Del. C. § 1205.
"State" means the State of Delaware.
"Unfit" means lack of good moral character, misconduct
in office, incompetence, a pattern of ineffective teaching,
wilful neglect of duty, disloyalty or falsification of
credentials.
3.0 Upon a finding that an applicant is unfit to be licensed in
the State, the Department may refuse to issue an initial
license, continuing license or an advanced license to an
applicant who otherwise meets the requirements set forth in
14 DE Admin. Code 1510, 1511, and 1512.
3.1 The Secretary shall give written notice to the
applicant of the denial and the reasons therefore. The notice
of denial shall be sent by certified mail and shall give notice
that a full and fair hearing may be requested before the
Standards Board within thirty (30) days.
3.2 An applicant who is denied an initial, continuing, or
advanced license may appeal the decision, and is entitled to a
full and fair hearing before the Standards Board. Hearings
shall be conducted in accordance with the Standard Board's
Hearing Procedures and Rules.
4.0 Notwithstanding any other provisions stated herein or in
14 DE Admin. Code 1510, 1511, and 1512, no license shall
be issued to an applicant for an initial, continuing or
advanced license if:
4.1 There is legal evidence that the applicant is not of
good moral character; or
4.2 The applicant has had a certificate or license
revoked in another state for immorality, misconduct in
office, incompetence, willful neglect of duty, disloyalty or
falsification of credentials.
1514 Revocation Of Licenses
1.0 Content: This regulation shall apply to the revocation of
an initial license, continuing license and/or advanced license
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1576 PROPOSED REGULATIONS
for educators, pursuant to 14 Del. C. § 1218.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise:
"Advanced license" means a license issued as part of the
three-tiered licensure system set forth in 14 Del. C. § 1213
and 1214.
"Continuing license" means a license issued as part of
the three-tiered license system set forth in 14 Del. C. § 1211
and 1212.
"Department" means the Delaware Department of
Education.
"Dismissal" means (1) dismissal by a school board or
board of directors where the license holder is employed by a
public school district or a charter school for immorality,
misconduct in office, incompetency, willful neglect of duty
or disloyalty; or (2) the license holder's voluntary
resignation of employment in the face of disciplinary action
for immorality; or (3) the license holder's conviction of a
crime which is evidence of immorality.
"Educator" means a public school employee who holds
a license issued under the provisions of 14 Del. C., Chapter
12, and includes teachers and administrators, and as
otherwise defined by the Standards Board and the State
Board pursuant to 14 Del. C., § 1203, but does not include
substitute teachers.
"Immorality" means conduct which is inconsistent with
the rules and principles of morality expected of an educator
and may reasonably be found to impair an educator"s
effectiveness by reason of his or her unfitness or otherwise.
"Initial license" means a license issued as part of the
three-tiered licensure system set forth in 14 Del. C. § 1210.
"License holder" or "licensee" means any individual
who holds an initial license, continuing license and/or
advanced license, and until a continuing license is issued, a
limited standard, standard, or professional status certificate.
"Secretary" means the Secretary of the Delaware
Department of Education.
"Standards Board" means the Professional Standards
Board established pursuant to 14 Del. C. § 1205.
"State" means the State of Delaware.
3.0 An initial, continuing or advanced license may be
revoked upon the dismissal of the license holder for
immorality, misconduct in office, incompetency, willful
neglect of duty or disloyalty, and must be revoked upon a
finding that the license holder made a materially false or
misleading statement in his or her license application.
3.1 Revocation Requested by a School District or
Charter School.
3.1.1 When any license holder is dismissed by a
school board, or board of directors, or other employing
authority for immorality, the board making such a
determination pursuant to 14 Del. C. shall, upon final
decision, give written notice to the Secretary of its desire to
request the revocation of that individual's license.
3.1.2 When any license holder is dismissed by a
school board or board of directors or other employing
authority for misconduct in office, incompetence, willful
neglect of duty or disloyalty, the board making such a
determination pursuant to 14 Del. C. may, upon final
decision, give written notice to the Secretary of its desire to
request the revocation of that individual's license.
3.1.3 When a license holder employed by a
school board or board of directors or other employing
authority voluntarily resigns in the face of disciplinary action
for immorality and an investigation has been initiated by the
school board or board of directors, or other employing
authority, the board shall, upon accepting the resignation,
give written notice to the Secretary.
3.1.4 Upon receipt of written notification from
the school board or board of directors or other employing
authority, the Secretary shall give written notice to the
license holder of the intended revocation and the reasons
therefore. The notice of revocation shall be sent by certified
mail and shall give notice that a full and fair hearing may be
requested before the Standards Board within thirty (30) days.
Hearings shall be conducted in accordance with the Standard
Board's Hearing Procedures and Rules.
3.1.5 If the licensee fails to request a formal
hearing before the Standards Board within thirty (30) days of
the notice of revocation, the Secretary shall send written
notification by certified mail to the individual revoking his/
her license.
3.2 Revocation by the Secretary of Education
3.2.1 The Secretary may initiate proceedings to
revoke a license holder's license when she/he has good
reason to believe that any of the following circumstances
exist:
3.2.1.1 The license holder has been convicted
of a crime which is evidence of immorality;
3.2.1.2 The license holder who is not
employed by a public school district or charter school or
other employing authority has voluntarily resigned his/her
employment in the face of an open investigation for
immorality; or
3.2.1.3 The license holder has had a
certificate or license revoked in another state for immorality,
misconduct in office, incompetency, willful neglect of duty
or disloyalty or falsification of credentials.
3.2.2 The Secretary shall give written notice to
the license holder of the intended revocation and the reasons
therefor. The notice of revocation shall be sent by certified
mail and shall give notice that a full and fair hearing may be
requested before the Standards Board within thirty (30) days.
Hearings shall be conducted in accordance with the Standard
Board's Hearing Procedures and Rules.
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PROPOSED REGULATIONS 1577
3.2.3 If the licensee fails to request a formal
hearing before the Standards Board within thirty (30) days of
the notice of revocation, the Secretary shall send written
notification by certified mail to the individual revoking his/
her license.
4.0 Duty of License Holder to Report.
4.1 Notwithstanding any other provisions stated herein,
a license holder shall send written notification to the
Secretary within thirty (30) days of the happening of any of
the following events:
4.1.1 The license holder is dismissed by a
school board, board of directors, or other employing
authority for immorality;
4.1.2 The license holder voluntarily resigns
employment in the face of disciplinary action for immorality
and/or an open investigation for immorality;
4.1.3 The license holder is convicted of a crime
which is evidence of immorality; or
4.1.4 The license holder has had a certificate or
license revoked in another state for immorality, misconduct
in office, incompetency, willful neglect of duty, disloyalty or
falsification of credentials.
4.2 The failure of the license holder to report any of the
above events to the Secretary of Education shall be grounds
for revoking a license.
5.0 When a license is revoked, all certificates held by the
license holder shall be revoked. Educators are entitled to a
full and fair hearing before the Professional Standards
Board. Hearings shall be conducted in accordance with the
Standards Board's Hearing Procedures and Rules.
1515 Emergency Certificate
1.0 Content: This regulation shall apply to the issuance of
an emergency certificate, pursuant to 14 Del. C. § 1221.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise:
"Certified" means holding a certificate in a specific
content area at designated grade levels.
"Department" means the Delaware Department of
Education.
"Educator" means a public school employee who holds
a license issued under the provisions of 14 Del. C., chapter
12, and includes teachers and administrators, and as
otherwise defined by the Standards Board and the State
Board, pursuant to 14 Del. C. §1203, but does not include
substitute teachers.
"Emergency certificate" means a certificate issued to an
educator who holds a valid Delaware initial, continuing, or
advanced license, but lacks necessary skills and knowledge
to meet certification requirements in a specific content area.
"Employing district" means a school district, charter
school, or other employing authority that proposes to employ
an educator under an emergency certificate.
"Exigent circumstances" means unanticipated
circumstances or circumstances beyond the educator's
control, including, but not limited to, expiration of a license
during the school year, serious illness of the educator or a
member of his/her immediate family, activation to active
military duty, and other serious emergencies which
necessitate the educator's temporarily leaving active service.
"Satisfactory evaluation" means an overall rating of "basic"
or higher on an annual DPAS summative evaluation.
"Standard certificate" means a credential issued to
verify that an educator has the prescribed knowledge, skill
and/or education to practice in a particular area, teach a
particular subject, or teach a category of students.
3.0 Upon request from the employing district, the
Department may issue an emergency certificate, valid for up
to three years, to an educator who holds a valid Delaware
initial, continuing, or advanced license, or a valid standard or
professional status certificate, but who is not eligible for
certification in the area of need. An emergency certificate
may not be renewed. Notwithstanding the foregoing, an
emergency certificate issued to an educator in a vocational
trade and industry area is valid for up to six (6) years to
provide time for completion of specified college level course
work required for certification.
3.1 In its request for the issuance of an emergency
certificate, the employing district must:
3.1.1 Document its efforts to hire a certified
educator by supplying the Department with copies of job
postings, recruitment efforts, and advertisements.
3.1.2 Establish that the proposed recipient of an
emergency certificate is competent by submitting evidence
of the educator's license and other considerations, which
may include, but are not limited to, evidence of course work
or work experience in the area for which the emergency
certificate is requested, which the employing district applied
in determining the proposed recipient's competence.
3.1.3 Set forth a written plan to support and
assist the proposed recipient in achieving the skills and
knowledge necessary to meet the applicable certification
requirements.
3.2 Failure by the employing district to fulfill the
conditions set forth in 3.1 above will result in denial of the
emergency certificate.
3.3 The emergency certificate shall be in effect for
three (3) years from the month in which the applicant is
employed until the last day of the month of issuance three (3)
years later, except in the case of an emergency certificate
issued to a vocational trades and industry teacher, which
shall expire on the last day of the month of issuance six (6)
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1578 PROPOSED REGULATIONS
years later.
3.3.1 A certificate holder whose emergency
certificate expires during the school year may have the
emergency certificate extended until the last day of the fiscal
year. This extension shall be considered an exigent
circumstance and shall not exceed one (1) year in length.
4.0 At the end of each school year during which an
emergency certificate is in effect, the employing district
shall file a status report with the Department, which shall:
4.1 Establish that the recipient of the emergency
certificate has demonstrated competence through receiving a
satisfactory evaluation on the Delaware Performance
Appraisal System.
4.2 Document the progress made by the recipient of the
emergency certificate toward fulfilling the plan established
by the employing district to meet the applicable certification
requirements.
4.3 Failure by the employing district to fulfill the
conditions set forth in 4.1 and 4.2 above will result in
suspension of the emergency certificate. A suspension may
be lifted upon fulfillment by the employing district of the
conditions set forth in 4.1 and 4.2 above.
5.0 Prior to the expiration of an emergency certificate, the
recipient must meet the requirements for issuance of a
standard certificate (See 14 DE Admin. Code 1516).
6.0 The Secretary of Education may, upon the written
request of the superintendent of a local school district or
charter school administrator or other employing authority,
review credentials submitted in application for an emergency
certificate on an individual basis and grant an emergency
certificate to an applicant who otherwise does not meet the
requirements for an emergency certificate, but whose
effectiveness is documented by the local school district or
charter school administrator or other employing authority.
7.0 An emergency certificate shall be revoked in the event
the educator's initial, continuing, or advanced license or
limited standard, standard, or professional status certificate
is revoked in accordance with 14 DE Admin. Code 1514.
An educator is entitled to a full and fair hearing before the
Professional Standards Board. Hearings shall be conducted
in accordance with the Standards Board's Hearings
Procedures and Rules.
1516 Standard Certificate
1.0 Content: This regulation shall apply to the issuance of a
standard certificate, pursuant to 14 Del. C. ' 1220.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise:
"Certified" means holding a certificate in a
specific content area at designated grade levels.
"Certification" means the issuance of a
certificate, which may occur regardless of a recipient=s
assignment or employment status.
_Department_ means the Delaware Department of
Education.
"Educator" means a public school employee who holds
a license issued under the provisions of 14 Del. C., Chapter
12, and includes teachers and administrators, and as
otherwise defined by the Standards Board and the State
Board pursuant to 14 Del. C., § 1203, but does not include
substitute teachers.
AExamination of content knowledge@ means a
standardized test which measures knowledge in an specific
content area.
ALicense@ means a credential which authorizes the
holder to engage in the practice for which the license is
issued.
AStandard Certificate@ means a credential issued to
certify that an educator has the prescribed knowledge, skill
and/or education to practice in a particular area, teach a
particular subject, or teach a category of students.
AStandards Board@ means the Professional Standards
Board established pursuant to 14 Del. C. ' 1201.
AState Board@ means the State Board of Education of the
State pursuant to 14 Del. C. ' 104.
3.0 The Department shall issue a standard certificate to an
educator who holds a valid Delaware initial, continuing, or
advanced license or limited standard, standard, or
professional status certificate who has acquired the
prescribed knowledge, skill and/or education to practice in a
particular area, to teach a particular subject or to instruct a
particular category of students, or has graduated from a
Delaware approved program, or holds a valid and current
certificate in the area requested from another state.
Educators may hold certificates in more than one area.
3.1 An educator may document the acquisition of the
prescribed knowledge, skill and/or education to practice in a
particular area, to teach a particular subject or to instruct a
particular category of students by:
3.1.1 Submitting evidence of having graduated
from a Delaware approved educator preparation program; or
3.1.2 Holding a valid and current certificate
from another state; or
3.1.3 Achieving a passing score on an
examination of content knowledge, such as PRAXIS II.
This section is subject to the establishment of passing scores
for PRAXIS II examinations by the Department, and their
approval by the Professional Standards Board, with
concurrence from the State Board of Education.
3.1.3.1 National Board for Professional
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PROPOSED REGULATIONS 1579
Teaching Standards in the area, subject, or category in which
the standard certificate is to be issued will be accepted in lieu
of a passing score on PRAXIS II.
3.1.3.2 In areas, subjects or categories where
an examination of content knowledge is neither available nor
applicable, the applicant must meet the requirements set
forth in the relevant Department regulation governing the
issuance of a standard certificate in the area for which a
standard certificate is sought.
4.0 An applicant for a standard certificate shall submit
evidence of (1) receipt of a bachelors degree from a
regionally accredited 4-year college or university; (2)
official transcripts and, if applicable, official scores on the
PRAXIS II examination or a notarized copy of the National
Board for Professional Teaching Standards Certificate. If
applied for simultaneously with application for an initial
license, the applicant shall provide all required
documentation for that application in addition to the
documentation cited above.
5.0 If an applicant holds a valid initial, continuing, or
advanced Delaware license or a limited standard, standard or
professional status certificate and is requesting additional
standard certificates, only that documentation necessary to
demonstrate acquisition of the prescribed knowledge, skill
and/or education required for the additional standard
certificate requested is required.
6.0 This regulation shall apply to all requests for issuance of
a standard certificate, except as specifically addressed
herein. Educators holding a Professional Status Certificate
or a Standard Certificate issued on or before August 31,
2003 shall be issued a Standard Certificate for each area in
which they held a Professional Status Certificate or a
Standard Certificate. The Department shall also recognize a
limited standard or temporary certificate issued prior to
August 31, 2003, provided that the educator successfully
completes the requirements set forth in the limited standard
or temporary certificate. Requirements must be completed
by the expiration date of the limited standard certificate.
7.0 A standard certificate is valid regardless of the
assignment or employment status of the holder of a
certificate or certificates, and is not subject to renewal. It
shall be revoked in the event the educator's initial,
continuing, or advanced license or limited standard,
standard, or professional status certificate is revoked in
accordance with 14 DE Admin. Code 1514. An educator is
entitled to a full and fair hearing before the Professional
Standards Board. Hearings shall be conducted in accordance
with the Standards Board's Hearing Procedures and Rules.
8.0 The Secretary of Education may, upon the written
request of the superintendent of a local school district or
charter school administrator or other employing authority,
review credentials submitted in application for a standard
certificate on an individual basis and grant a standard
certificate to an applicant who otherwise does not meet the
requirements for a standard certificate, but whose
effectiveness is documented by the local school district or
charter school administrator or other employing authority.
1519 Alternative Routes to Teacher Licensure and
Certification Program
1.0 Content: This regulation shall apply to the alternative
routes to licensure and certification program, pursuant to 14
Del. C. §§ 1260 through 1264.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise:
"Department" means the Delaware Department of
Education.
"Educator" means a public school employee who holds
a license issued under the provisions of 14 Del. C., Chapter
12, and includes teachers and administrators, and as
otherwise defined by the Standards Board and the State
Board pursuant to 14 Del. C., § 1203, but does not include
substitute teachers.
"Emergency certificate" means a certificate issued to an
educator who holds a valid Delaware initial, continuing, or
advanced license, but lacks necessary skills and knowledge
to meet certification requirements in a specific content area.
"Examination of general knowledge" means a
standardized test which measures general knowledge and
essential skills in mathematics or quantitative and verbal
skills, including reading and writing.
"Initial license" means the first license issued to an
educator that allows an educator to work in a position
requiring a license in a Delaware public school.
"Secretary" means the Secretary of the Delaware
Department of Education.
"Standard certificate" means a credential issued to
verify that an educator has the prescribed knowledge, skill
and/or education to practice in a particular area, teach a
particular subject, or teach a category of students.
"Standards Board" means the Professional Standards
Board established pursuant to 14 Del. C. § 1201.
"State Board" means the State Board of Education of
the State pursuant to 14 Del. C. § 104.
3.0 Candidates seeking participation in the alternative
routes for teacher licensure and certification program shall
be issued an initial license and a standard or emergency
certificate or certificates of no more than three years
duration. Candidates must:
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1580 PROPOSED REGULATIONS
3.1 hold a bachelor's degree from a regionally
accredited college or university in a major appropriate to the
instructional field they desire to teach;
3.2 pass an examination of general knowledge, such as
PRAXIS I, or provide an acceptable alternative to the
PRAXIS I test scores, as set forth in DE. Admin. Code 1510;
3.3 obtain an acceptable health clearance and an
acceptable criminal background check clearance; and
3.4 obtain and accept an offer of employment in a
position that requires licensure and certification.
4.0 The Alternative Routes to Teacher Licensure and
Certification Program shall consist of three interrelated but
distinct components - a summer institute of intensive study,
a practicum experience the first year of teaching, and
seminars in teaching during and, immediately following, the
first year of teaching.
4.1 A summer institute of approximately 120
instructional (clock) hours completed by the candidate prior
to the beginning of his/her teaching assignment. This
includes an orientation to the policies, organization and
curriculum of the employing school district or charter
school, instructional strategies and classroom management
and child or adolescent development.
4.1.1 Candidates employed too late to
participate in the summer institute will complete the
practicum experience and seminars on teaching during the
first school year and will participate in the summer institute
following their first year of teaching.
4.2 A one-year, full-time practicum experience which
includes a period of intensive on-the-job mentoring and
supervision beginning the first day in which the candidate
assumes full responsibility for a classroom and continuing
for a period of thirty (30) weeks.
4.3 Seminars on teaching that provide alternative routes
to licensure and certification teachers with approximately
120 instructional (clock) hours during the first year of their
teaching assignment and during a one week intensive
seminar the following summer.
5.0 Mentoring Support: Mentoring support shall be carried
out in accordance with Section 1261 (b) (2) and (3) of 14
Del. C.
6.0 Evaluation/Supervision: Evaluation/supervision shall be
conducted as per Section 1261 (b) (2) (3) of 14 Del. C.
7.0 Program Evaluation: Those responsible for alternative
routes to certification programs approved by the Standards
Board and the State Board shall develop a program
evaluation process. The focus of the program evaluation
must be to demonstrate the degree to which teachers who
complete the program are effective in the classroom.
8.0 The Secretary may implement other alternative routes to
teacher licensure and certification programs, provided the
programs meet the minimum criteria set forth in this
regulation.
1520 Substitute Teacher - RESERVED
Educational Impact Analysis Pursuant To 14 Del. C.
Section 122 (D)
302 Certification Administrative- Superintendent
304 Certification Administrative - Assistant
Superintendent for Curriculum
311 Certification Administrative - Elementary School
Principal or Assistant Principal
312 Certification Administrative - Secondary School
Principal or Assistant Principal
313 Certification Administrative - Principal of a School
for Children with Disabilities
1530 Certification Administrative - School Principal
1531 Certification Administrative - School Leader I
1532 Certification Administrative - School Leader II
A. Type Of Regulatory Action Requested
Amendment to Existing Regulation
B. Synopsis Of Subject Matter Of Regulation
The Professional Standards Board in cooperation and
collaboration with the Department of Education seeks the
approval of the State Board of Education to amend the
following regulations:
302 Certification Administrative - Superintendent
304 Certification Administrative - Assistant
Superintendent for Curriculum
311 Certification Administrative - Elementary
School Principal or Assistant Principal
312 Certification Administrative - Secondary
School Principal or Assistant Principal
313 Certification Administrative - Principal of a
School for Children with Disabilities
1535 Certification Administrative - Administrative
Assistant
1536 Certification Administrative - Director
1538 Certification Administrative - Supervisor
It is necessary to amend these regulations in order to
comply with changes in statute regarding the licensure and
certification of educators. Further, by amending these
regulations, the number of regulations will be reduced from
eight to three, thereby furthering the goal of reducing the
number and complexity of regulations. These regulations
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1581
were previously published in the October, 2002, Register of
Regulations. Comments received during the public
comment period of the previous publication of these
regulations have been addressed. Principal of an adult
education program has been removed. These regulations
address only pK-12 schools and do not address adult
education programs. Concerns about special qualifications
for principals of schools for exceptional children have also
been addressed. These regulations were republished in the
April, 2003, Register of Regulations. Comment received
during the public comment period led to changes in the
regulation which requires that they be re-published.
Changes include the addition of a definition of teaching
experience and deletion of the word "classroom". The
revised regulations have also been renumbered to reflect
their movement to the Professional Standards Board section
of the Department regulations.
Regulations 311 Certification Administrative -
Elementary School Principal or Assistant Principal, 312
Certification Administrative - Secondary School Principal
or Assistant Principal, and 313 Certification Administrative
- Principal of a School for Children with Disabilities will be
amended by deleting them in their entirety and replacing
them with regulation 1530 Certification Administrative -
School Principal. This amended regulation is aligned with
the Delaware Administrator Standards and acknowledges the
core of skills and knowledge required for school leaders.
The amended regulation also reflects current research in
school leadership and is consistent with leader training and
preparation programs being delivered and/or developed in
the State of Delaware.
Regulations 1535 Certification Administrative -
Administrative Assistant, 1536 Certification Administrative
- Director, and 1538 Certification Administrative -
Supervisor will be amended by deleting them in their
entirety and replacing them with regulation 1531
Certification Administrative - School Leader I. This
amended regulation is aligned with the Delaware
Administrator Standards and acknowledges the core of skills
and knowledge required for school leaders. The amended
regulation also reflects current research in school leadership
and is consistent with leader training and preparation
programs being delivered and/or developed in the State of
Delaware. Further, the amended regulation acknowledges
the expanded skill and knowledge required at a broader level
than the school building level.
Regulations 302 Certification Administrative -
Superintendent and 304 Certification Administrative -
Assistant Superintendent for Curriculum will be amended by
deleting them in their entirety and replacing them with
regulation 1532 Certification Administrative - School
Leader II. This amended regulation is aligned with the
Delaware Administrator Standards and acknowledges the
core of skills and knowledge required for school leaders.
The amended regulation also reflects current research in
school leadership and is consistent with leader training and
preparation programs being delivered and/or developed in
the State of Delaware. Further, the amended regulation
acknowledges the expanded and deeper skill and knowledge
required to exercise leadership as a chief school officer or
assistant.
C. Impact Criteria
1. Will the amended regulations help improve student
achievement as measured against state achievement
standards? The amended regulations address student
achievement by educational leaders support and lead
Delaware educators and establish and sustain positive
environments which encourage high student achievement.
2. Will the amended regulations help ensure that all
students receive an equitable education? The amended and
new regulations helps to ensure that all school administrators
hired to lead buildings or districts meet high standards for
certification.
3. Will the amended regulations help to ensure that all
students' health and safety are adequately protected? The
amended regulations address educator certification.
Regulations concerning high standards and appropriate
credentials and training for school leaders help to ensure that
all students' health and safety are adequately protected.
4. Will the amended regulations help to ensure that all
students' legal rights are respected? The amended
regulations address school leader certification, not students'
legal rights. Appropriate credentials and training for school
leaders will help to ensure that all students' legal rights are
respected.
5. Will the amended regulations preserve the
necessary authority and flexibility of decision makers at the
local board and school level? The amended regulations will
preserve the necessary authority and flexibility of decision
makers at the local board and school level. By reducing the
number and complexity of the regulations, decision makers
at the local board and school level will have greater authority
and flexibility.
6. Will the amended regulations place unnecessary
reporting or administrative requirements or mandates upon
decision makers at the local board and school levels? The
amended regulations will not place unnecessary reporting or
administrative requirements or mandates upon decision
makers at the local board and school levels.
7. Will decision making authority and accountability
for addressing the subjects to be regulated be placed in the
same entity? The decision-making authority and
accountability for addressing the subjects to be regulated
rests with the Professional Standards Board, in collaboration
and cooperation with the Department of Education, and with
the consent of the State Board of Education.
8. Will the amended regulations be consistent with,
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1582 PROPOSED REGULATIONS
and not an impediment to, the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies? The amended regulations will be consistent with,
and not an impediment to, the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies.
9. Is there a less burdensome method for addressing
the purpose of the amended regulations? 14 Del. C. requires
that we promulgate these regulations.
10. What is the cost to the state and to the local school
boards of compliance with the amended and new
regulations? There is no additional cost to local school
boards for compliance with the regulations.
311 Certification Administrative - Elementary School
Principal Or Assistant Principal
Effective July 1, 1993
1.0 The following shall be required for the Standard License
for the principal of a building containing any combination of
grades K-8 designated as an elementary school, and is valid
for a principal of a middle level school.
1.1 Degree required
1.1.1 Master's degree from a regionally
accredited college and,
1.2 Experience
1.2.1 A minimum of three years of successful,
full-time classroom teaching experience at the elementary
level or two years of elementary classroom teaching
experience, as specified, and a one-year internship in
Administration at the elementary level and,
1.3 Specialized Professional Preparation
1.3.1 Master's degree from a regionally
accredited college with an approved program in Elementary
School Administration and,
1.3.2 A minimum of three semester hours in
each of the following areas:
1.3.2.1 Child Development
1.3.2.2 Methods of Teaching Reading at the
elementary level
1.3.2.3 Methods of Teaching Mathematics at
the elementary level or,
1.3.3 Completion of any graduate program in
Elementary School Administration and,
1.3.4 A minimum of three semester hours in
each of the following areas:
1.3.4.1 Child Development
1.3.4.2 Methods of Teaching Reading at the
elementary level
1.3.4.3 Methods of Teaching Mathematics at
the elementary level or,
1.3.5 A Master's degree in any field and,
1.3.6 A three-semester hour graduate level
course in each of the following areas:
1.3.6.1 Elementary School Administration
1.3.6.2 Supervision/Evaluation of Staff
1.3.6.3 Curriculum Development
1.3.6.4 School Business Management
1.3.6.5 School Law/Legal Issues in Education
1.3.6.6 Human Relations and
1.3.7 A minimum of three semester hours in
each of the following areas:
1.3.7.1 Child Development
1.3.7.2 Methods of Teaching Reading at
elementary level
1.3.7.3 Methods of Teaching Mathematics at
elementary level
(The requirements specified in 1.3.1 and 1.3.2 and 1.3.3.
may be met by previously taken undergraduate coursework
or through undergraduate or graduate level coursework taken
specifically to meet these requirements.)
2.0 The following shall be required for the Limited
Standard License:
2.1 The Limited Standard License may be issued for a
period of three years, at the request of a Delaware public
school district, to a person employed in the above position to
allow for the completion of the requirements for the
Standard License in 1.0.
2.2 Master's degree from a regionally accredited
college and,
2.3 Meets requirements listed in 1.2 and,
2.4 Within six semester hours of the coursework
specified in 1.3.2 or 1.3.4 or 1.3.6 and 1.3.7.
3.0 Licenses that may be issues for this position include
Standard and Limited Standard.
312 Certification Administrative Secondary School
Principal Or Assistant Principal
Effective July 1, 1993
1.0 The following shall be required for the Standard License
for the principal of a building containing grades 7-12
designated as a junior high school, high school, vocational
high school or a senior high school. Valid for a principal of
a middle level school.
1.1 Degree required
1.1.1 Master's degree from a regionally
accredited college and,
1.2 Experience
1.2.1 Minimum of three years successful,
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1583
full-time classroom teaching experience at the secondary
level or two years of successful, full-time secondary
classroom teaching experience and a one year internship in
School Administration at the secondary level and,
1.3 Specialized Professional Preparation
1.3.1 Master's degree from an accredited college
in an approved program for Secondary School
Administration; and
1.3.2 A minimum of three semester hours of
Adolescent Development, if not taken at the undergraduate
level or,
1.3.3 Completion of a graduate program in
Secondary School Administration and,
1.3.4 A minimum of three semester hours of
Adolescent Development, if not taken at the undergraduate
level or,
1.3.5 A Master's degree in any field and,
1.3.6 A three semester hour graduate level
course in each of the following areas
1.3.6.1 Secondary School Administration
1.3.6.2 Supervision/Evaluation of Staff
1.3.6.3 Curriculum Development
1.3.6.4 School Business Management
1.3.6.5 School Law/Legal Issues in Education
1.3.6.6 Human Relations
1.3.6.7 Three semester hours Adolescent
Development, taken at the graduate or undergraduate level.
2.0 The following shall be required for the Limited
Standard License:
2.1 The Limited Standard License may be issued for a
period of three years at the request of a Delaware public
school district, to a person employed in the above position to
allow for the completion of the requirements for the
Standard License as in 1.0.
2.1.1 Master's degree from a regionally
accredited college and,
2.1.2 Meets the requirements in 1.2 and,
2.1.3 Within six semester hours of the
completion of the coursework in 1.3.6.
3.0 Licenses that may be issues for this position include
Standard and Limited Standard.
313 Certification Administrative Principal Of A School
For Children With Disabilities
Effective July 1, 1993
1.0 The following shall be required for the Standard License
for a principal of a school for children with disabilities.
1.1 Degree required
1.1.1 Master's degree from a regionally
accredited college and,
1.2 Experience
1.2.1 Three years of full-time, successful
classroom experience as a teacher of children with
disabilities, while holding a Standard License to teach
children with disabilities. Standard certification is limited to
these areas of special education: LD, SED, MD, VI, HI, PI,
Autistic/Severely Disabled and combinations thereof and,
1.3 Specialized Professional Preparation
1.3.1 A Master's degree in any field from a
regionally accredited college; and
1.3.2 The individual shall meet the State of
Delaware's requirement for Standard certification as an
Elementary or Secondary School Principal; and
1.3.3 The individual shall hold, or be eligible to
hold a Standard License as a teacher of exceptional children
LD, SED, MD, VI, HI, PI, Autistic or Severely Disabled and
combinations thereof.
2.0 The following shall be required for the Limited
Standard License
2.1 The Limited Standard License may be issued for a
period of three years, at the request of a Delaware public
school district, to a person employed in the above position to
allow for the completion of the requirements for the
Standard License in 1.0.
2.1.1 Meets all requirements in 1.1, 1.2, 1.3.1
and,
2.1.2 Within six semester hours of meeting the
requirement in 1.3.2.
3.0 Licenses that may be issued for this position include
Standard and Limited Standard.
1530 Certification Administrative B School Principal/
Assistant Principal
1.0 This regulation shall apply to the issuance of a standard
certificate for school principal and assistant principal,
pursuant to 14 Del. C. ' 1220.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise:
"Standards Board@ means the Professional Standards
Board established pursuant to 14 Del. C. ' 1201.
AStandard certificate@ means a credential issued to
verify that an educator has the prescribed knowledge, skill
and/or education to practice in a particular area, teach a
particular subject, or teach a category of students.
AState Board@ means the State Board of Education of
the State of Delaware established pursuant to 14 Del. C. '
104.
"Teaching experience" means meeting students on a
regularly scheduled basis, planning and delivering
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1584 PROPOSED REGULATIONS
instruction, developing or preparing instructional materials,
and evaluating student performance in any pK-12 setting.
3.0 The following shall be required for the Standard
Certificate for the principal or assistant principal of an
elementary or intermediate school, a middle school, a high
school, or a school for exceptional students.
3.1 Educational requirements
3.1.1 A master=s degree in educational
leadership from a regionally accredited college, or
3.1.2 A master=s degree in education from a
regionally accredited college and a current and valid
principal or assistant principal certificate from another state,
or
3.1.3 A master=s degree in any field from a
regionally accredited college and successful completion of a
Delaware approved alternative routes to certification
program for school leaders. Until approval and
implementation of an alternative routes to certification
program occurs, candidates completing the standard
certificate in accordance with 3.1.3.1 of this regulation shall
fulfill the following requirements.
3.1.3.1 A three semester hour graduate level
course in each of the following areas: School
Administration (at the level to be initially assigned),
Supervision/ Evaluation of Staff, Curriculum Development,
School Business Management, School Law/Legal Issues in
Education, Human Relations, and, if not taken at the
undergraduate level,
Development.
Child/Adolescent/Human
3.2 Experience requirements
3.2.1 A minimum of three (3) years of teaching
experience at the level to be initially assigned as a school
principal or assistant principal, except at the middle level,
where the teaching experience may be at any pK-12 level, or
as a principal or assistant principal of a school for
exceptional students, where the teaching experience must
have been with one or more of the categories of exceptional
children served by the school.
1535 Certification Administrative - Administrative
Assistant
Effective October 11, 2001
1.0 The following shall be required for the Standard License
1.1 Degree required
1.1.1 Master's degree from a regionally
accredited college and,
1.2 Experience
1.2.1 A minimum of three years of successful,
full-time classroom teaching experience, or three years of
administrative experience, and,
1.3 Specialized Professional Preparation
1.3.1 Specific training or satisfactory experience
including an internship and/or fieldwork in the area in which
employed.
2.0 The following shall be required for the Limited
Standard License
2.1 The Limited Standard License may be issued for a
period of three years, at the request of a Delaware public
school district, to a person employed in the above position to
allow for the completion of the requirements for the
Standard License in 1.0.
2.1.1 Master's degree from an accredited college
and,
2.1.1.1 Meets the requirements of 1.2 and,
2.1.1.2 Within six semester hours of meeting
the requirements as specified in 1.3.
3.0 Licenses that may be issued for this position include
Standard and Limited Standard.
See 5 DE Reg. 856 (10/1/01)
1536 Certification Administrative - Director
Effective October 11, 2001
1.0 The following shall be required for the Standard License
for persons employed to be responsible for the
administration of specialized instructional areas.
1.1 Degree required
1.1.1 Master's degree plus thirty semester hours
of graduate level coursework from a regionally accredited
college(s) and,
1.2 Experience
1.2.1 A minimum of three years of successful,
full-time classroom teaching experience or,
1.2.2 A minimum of three years of successful,
full-time administrative experience in the specific area to be
directed, within a school system or,
1.3 Specialized Professional Preparation
1.3.1 Master's degree plus thirty semester hours
of graduate level coursework from a regionally accredited
college(s) with a major in Educational Supervision and
Curriculum or Educational Administration or Educational
Leadership, or Human Resource Management; and Twentyone
semester hours of graduate level coursework specific to
the area to be directed or,
1.3.2 Master's degree in any field plus thirty
semester hours of graduate level coursework from a
regionally accredited college(s) to include the following
graduate level coursework:
1.3.2.1 A minimum of twenty-one semester
hours of graduate level coursework specific to the area to be
directed and,
1.3.2.2 A minimum of twenty-one semester
hours of graduate level coursework in the area of
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1585
administration, to include at least one course in each of the
following areas:
1.3.2.2.1Curriculum Development and
Instruction
1.3.2.2.2Supervision/Evaluation of Staff
1.3.2.2.3School Business Management
1.3.2.2.4School Law/Legal Issues in
Education
1.3.2.2.5Human Resource Management
1.3.2.2.6Human Development (to include
child/adolescent development)
1.3.2.2.7Organizational Management
(NOTE: Any of the requirements listed in 1.3.1. or 1.3.2 may
be met by coursework taken either within or in addition to
the Master's degree plus thirty semester hours.)
2.0 The following shall be required for the Limited
Standard License
2.1 The Limited Standard License may be issued for a
period of three years, at the request of a Delaware public
school district, to a person employed in the above position to
allow for the completion of the requirements for the
Standard License in 1.0.
2.1.1 Master's degree plus thirty semester hours
of graduate level coursework from a regionally accredited
college; and
2.1.2 Meets all experience requirements in 1.2
and
2.1.3 Meets the Specialized Professional
Preparation requirement in the specialized area 1.3.2.1 and is
within six semester hours of meeting the administrative
coursework in 1.3.2.1.
3.0 Licenses that may be issued for this position include
Standard and Limited Standard.
See 5 DE Reg. 856 (10/1/01)
1538 Certification Administrative - Supervisor
Effective October 11, 2001
1.0 The following shall be required for the Standard License
for persons employed to be responsible for the
administration of specialized areas.
1.1 Degree required
1.1.1 Master's degree from a regionally
accredited college and,
1.2 Experience
1.2.1 A minimum of three years of successful,
full-time classroom teaching experience in the instructional
area to be supervised and,
1.3 Specialized Professional Preparation
1.3.1 Master's degree from a regionally
accredited college with a major in Educational Supervision
and Curriculum and,
1.3.2 Fifteen semester hours of graduate level
coursework, specific to the area to be supervised or,
1.3.3 A Master's degree in any field from a
regionally accredited college with the following graduate
level coursework included within, or in addition to, the
degree:
1.3.3.1 A minimum of fifteen semester hours
of graduate level coursework in the area to be supervised
and,
1.3.3.2 A minimum of fifteen semester hours
of graduate level coursework in administration to include
one course in each of the following areas:
1.3.3.2.1Human Relations
1.3.3.2.2School Law/Legal Issues
2.0 The following shall be required for the Limited
Standard License
2.1 The Limited Standard License may be issued for a
period of three years at the request of a Delaware public
school district, to a person employed in the above position to
allow for the completion of the requirements for the
Standard License in 1.1.
2.1.1 Master's degree from a regionally
accredited college; and
2.1.2 Meets all requirements in 1.2.
2.1.3 Within six semester hours of meeting the
specific coursework requirements in 1.3.1 and 1.3.2, or
within six semester hours of meeting the specific coursework
requirements in 1.3.3.1 and 1.3.3.2.
3.0 Licenses that may be issued for this position include
Standard and Limited Standard.
See 5 DE Reg. 856 (10/1/01)
1531 Certification Administrative B School Leader I
1.0 The following shall apply to the issuance of a standard
certificate for directors, supervisors, administrative
assistants, coordinators, and managers in instructional areas,
pursuant to 14 Del. C. ' 1220.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise:
"Standards Board@ means the Professional Standards
Board established pursuant to 14 Del. C. ' 1201.
AStandard certificate@ means a credential issued to
verify that an educator has the prescribed knowledge, skill
and/or education to practice in a particular area, teach a
particular subject, or teach a category of students.
AState Board@ means the State Board of Education of
the State of Delaware established pursuant to 14 Del. C '
104.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1586 PROPOSED REGULATIONS
"Teaching experience" means meeting students on a
regularly scheduled basis, planning and delivering
instruction, developing or preparing instructional materials,
and evaluating student performance in any pK-12 setting.
3.0 The following shall be required for the standard
certificate for directors, supervisor, administrative assistants,
coordinators, and managers in instructional areas.
3.1 Educational requirements
3.1.1 A master=s degree in educational
leadership from a regionally accredited college, or
3.1.2 A master=s degree in education from a
regionally accredited college and a current and valid
equivalent central office administrative certificate from
another state, or
3.1.3 A master=s degree in any field from a
regionally accredited college and successful completion of a
Delaware approved alternative routes to certification
program for school leaders. Until approval and
implementation of an alternatives routes to certification
program occurs, candidates completing the standard
certificate in accordance with 3.1.3.1 of this regulation shall
fulfill the following requirements;
3.1.3.1 A minimum of twenty-four semester
hours of graduate level course work, completed either as
part of the master=s degree or in addition to it, in
administration, to include at least one course in each of the
following areas: Curriculum Development, Supervision/
Evaluation of Staff, Human Relations, and School Law/
Legal Issues and in the area(s) to be supervised (may include
courses in curriculum, instruction, and/or methods), and
3.3 Experience requirements
3.3.1 A minimum of three (3) years of teaching
experience at the pK-12 level. Teaching experience for
directors, supervisors, administrative assistants,
coordinators, and managers of programs for exceptional
children must have been with exceptional children.
302 Certification Administrative - Superintendent
Effective July 1, 1993
1.0 The following shall be required for the Standard License
for the Superintendent and the general Assistant
Superintendent in all school districts.
1.1 Degree required
1.1.1 Master's degree plus thirty graduate
semester hours or a Doctor's degree from a regionally
accredited college or university and,
1.2 Experience
1.2.1 A minimum of three years of successful,
full-time elementary or secondary experience, at the
building-level, as a teacher or administrator and,
1.3 Specialized Professional Preparation
1.3.1 Graduate level coursework must include
the following areas:
1.3.1.1 Personnel Administration
1.3.1.2 Supervision/Evaluation of Staff
1.3.1.3 Curriculum Development and
Instruction
1.3.1.4 School Business Management
1.3.1.5 School Law/Legal Issues in Education
1.3.1.6 Human Resource Management
1.3.1.7 Organizational Management
1.3.1.8 Child or Adolescent Development, if
not taken at the undergraduate level.
2.0 The following shall be required for the Limited
Standard License
2.1 The Limited Standard License may be issued for a
period of three years, at the request of a Delaware public
school district, to a person employed in the above position to
allow for the completion of the requirements for the
Standard License as listed in 1.0.
2.1.1 Requirements listed in 1.1. and 1.2.
2.1.2 Within six semester hours as required in
1.3
3.0 Licenses that may be issued for this position include
Standard and Limited Standard.
304 Certification Administrative - Assistant
Superintendent For Curriculum
Effective July 1, 1993
1.0 The following shall be required for the Standard License
for an individual who is employed to be in charge of the
specialized areas of curriculum/program development within
a public school district.
1.1 Degree required
1.1.1 Master's degree from a regionally
accredited college plus 30 graduate semester hours and,
1.2 Experience
1.2.1 A minimum of three years of successful,
full-time elementary or secondary experience, at the
building-level, as a teacher or administrator and,
1.3 Specialized Professional Preparation
1.3.1 A minimum of 18 semester hours of
graduate level coursework in Curriculum to include:
curriculum development, design, implementation and
evaluation and,
1.3.2 A minimum of 18 semester hours of
graduate level coursework in the area of administration, to
include one course in each of the following areas:
1.3.2.1 Supervision/Evaluation of Staff
1.3.2.3 School Business Management
1.3.2.3 School Law/Legal Issues in Education
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1587
1.3.2.4 Human Resource Management
1.3.2.5 Organizational Management
1.3.2.6 Personnel Administration
1.3.2.7 Child Development if not taken at
undergraduate level 1.2.1.8 Adolescent Development if not
taken at undergraduate level.
2.0 The following shall be required for the Limited
Standard License
2.1 The Limited Standard License may be issued for a
period of three years at the request of a Delaware public
school district, to a person employed in the above position to
allow for the completion of the requirements for the
Standard License in 1.0.
2.1.1 Meets requirements specified in 1.1 and
1.2 and,
2.1.2 Within nine semester hours of meeting the
requirements in 1.3.1 and 1.3.2.
3.0 Licenses that may be issued for this position include
Standard and Limited Standard.
1532 Certification Administrative B School Leader II
1.0 This regulation shall apply to the issuance of a standard
certificate for school district superintendents and assistant
superintendents, pursuant to 14 Del. C. ' 1220.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise:
"Full-time school leadership@ means full-time
experience as a principal or assistant principal or as a district
level administrator.
AStandards Board@ means the Professional Standards
Board established pursuant to 14 Del. C. ' 1201.
AStandard certificate@ means a credential issued to
verify that an educator has the prescribed knowledge, skill
and/or education to practice in a particular area, teach a
particular subject, or teach a category of students.
AState Board@ means the State Board of Education of
the State of Delaware established pursuant to 14 Del. C. '
104.
"Teaching experience" means meeting students on a
regularly scheduled basis, planning and delivering
instruction, developing or preparing instructional materials,
and evaluating student performance in any pK-12 setting.
3.0 The following shall be required for the Standard
Certificate for school district superintendents and assistant
superintendents.
3.1 Educational requirements.
3.1.1 A doctoral degree in educational
leadership from a regionally accredited college, or
3.1.2 A master=s or doctoral degree in education
from a regionally accredited college and a current
superintendent or assistant superintendent certificate from
another state, or
3.1.3 A master=s or doctoral degree in any field
from a regionally accredited college and successful
completion of a Delaware approved alternative routes to
certification program for school leaders/superintendents.
Until approval and implementation of an alternative routes to
certification program occurs, candidates completing the
standard certificate in accordance with 3.1.3 of this
regulation shall provide evidence of graduate course work in
the following areas, either as part of the master=s or doctoral
degree program or in addition to it.
3.1.2.1 Personnel Administration
3.1.2.2 Supervision/Evaluation of Staff
3.1.2.3 Curriculum Development and
Instruction
3.1.2.4 School Business Management
3.1.2.5 School Law/Legal Issues in Education
3.1.2.6 Human Resource Management
3.1.2.7 Organizational Management
3.1.2.8 Child or Adolescent Development, if
not taken at the undergraduate level.
3.2 Experience requirements
3.2.1 A minimum of five (5) years of experience
as a teacher or specialist or full-time school leadership at the
pK-12 level, or any combination of the three types of
experiences, at the building or district level.
Educational Impact Analysis Pursuant To 14 Del.C.
Section 1305(q)
1507 Professional Growth Salary Increments
A. Type Of Regulatory Action Requested
New Regulation
B. Synopsis Of Subject Matter Of Regulation
The Professional Standards Board in cooperation and
collaboration with the Department of Education seeks the
approval of the State Board of Education to adopt regulation
1507 professional Growth Salary Increments. It is necessary
to adopt this regulation in order to provide procedures for
implementation of movement by educators on the salary
schedule set forth in 14 Del.C., §1305. This regulation
addresses movement from one column to another based on
the satisfactory completion of graduate level course work
toward a master's degree or graduate level course work
completed toward a second master's degree, a doctorate, or
directly related to an educator's job assignment.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1588 PROPOSED REGULATIONS
C. Impact Criteria
1. Will the new regulation help improve student
achievement as measured against state achievement
standards? The new regulation addresses student
achievement by promoting the pursuit of relevant graduate
level education programs by educators to help ensure that
highly-qualified teachers teach Delaware students.
2. Will the new regulation help ensure that all students
receive an equitable education? The new regulation
addresses educator professional growth salary incentives,
not equity in students' education.
3. Will the new regulation help to ensure that all
students' health and safety are adequately protected? The
new regulation addresses the educator professional growth
salary incentives, not health and safety issues.
4. Will the new regulation help to ensure that all
students' legal rights are respected? The new regulation
addresses educator professional growth salary incentives,
not students' legal rights.
5. Will the new regulation preserve the necessary
authority and flexibility of decision makers at the local board
and school level? The new regulation will preserve the
necessary authority and flexibility of decision makers at the
local board and school level.
6. Will the new regulation place unnecessary
reporting or administrative requirements or mandates upon
decision makers at the local board and school levels? The
new regulation will not place unnecessary reporting or
administrative requirements or mandates upon decision
makers at the local board and school levels.
7. Will decision making authority and accountability
for addressing the subject to be regulated be placed in the
same entity? The decision-making authority and
accountability for addressing the subject to be regulated rests
with the Professional Standards Board, in collaboration and
cooperation with the Department of Education, and with the
consent of the State Board of Education.
8. Will the new regulation be consistent with and not
an impediment to the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies? The new regulation will be consistent with, and not
an impediment to, the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies.
9. Is there a less burdensome method for addressing
the purpose of the new regulation? 14 Del. C. Requires that
we promulgate this regulation.
10. What is the cost to the state and to the local school
boards of compliance with the new regulation? There is no
additional cost to local school boards for compliance with
the regulation.
1507 Professional Growth Salary Increments
1.0 Content: This regulation shall apply to professional
growth salary increments for educators, pursuant to 14
Del.C. §1305(q).
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the
following meaning unless the context clearly indicates
otherwise:
"Critical needs areas" means content, specialty, or
administrative areas identified by the Department as areas of
shortage in Delaware schools.
"Department" means the Delaware Department of
Education.
"Educator" means a public school employee who holds
a license issued under the provisions of 14 Del.C. Chapter
12, and includes teachers, specialists, and administrators,
and as otherwise defined by the Standards Board and State
Board, but does not include substitute teachers.
"Graduate level course" means any course which is
awarded graduate level credit by a regionally accredited
college or university.
"Matriculated graduate credit" means credit earned
from a regionally accredited college or university earned
toward a master's degree or a doctorate degree.
"Standards Board" means the Professional Standards
Board established pursuant to 14 Del.C. §1201.
"State Board" means the State Board of Education of
the State pursuant to 14 Del.C. §104.
3.0 Educators who hold a bachelor's degree and who are
enrolled in a master's degree program at a regionally
accredited college or university may accrue graduate level
credits toward salary increments on the basic salary schedule
for educators, set forth in 14 Del.C. §1305(a). No credits
earned prior to the conferring of a bachelor's degree may be
applied toward movement on the salary schedule. No credit
may be applied more than once toward movement on the
salary schedule.
3.1 Educators enrolled in a master's degree program at
an accredited college or university may apply for movement
to the bachelor's plus 15 column of the basic salary schedule
for educators, set forth in 14 Del.C. §1305(a), upon
completion of 15 graduate credits toward a master's degree.
3.2 Educators enrolled in a master's degree program at
an accredited college or university may apply for movement
to the bachelor's plus 30 column of the basic salary schedule
for educators, set forth in 14 Del.C. §1305(a), upon
completion of 30 graduate credits toward a master's degree.
3.3 Upon completion of a master's degree program at
an accredited college or university, an educator may apply
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1589
for movement to the master's degree column of the basic
salary schedule for educators, set forth in 14 Del.C.
§1305(a).
4.0 Educators who hold a master's degree may accrue
credits beyond the master's degree toward salary increments
toward a master's degree plus 15 graduate credits, a master's
degree plus 30 graduate credits, a master's degree plus 45
graduate credits, or a doctorate degree on the basic salary
schedule for educators, set forth in 14 Del.C. §1305(a). All
credits taken must be graduate level and must be:
4.1 Earned through a graduate-level course of study
and clearly related to the educator's professional
responsibilities and otherwise approved pursuant to 14
Del.C. Chapter 12, or
4.2 Earned toward a second master's degree, or
4.3 Matriculated graduate credits earned toward a
doctorate degree.
5.0 Credit Calculation: All credits must be expressed in
terms of semester hours. College or university credits
expressed in quarter hours will be converted by the
Department to semester hours by multiplying the number of
quarter hours by two-thirds.
6.0 Acceptable Grades
6.1 All grades for graduate level credit submitted for a
professional growth salary increments must be a grade of
"C" or better from the granting institution. In the case of
credits earned on a pass-fail basis, a grade of "pass" is
acceptable.
7.0 Trade and Industry teachers: A bachelor's degree
equivalent for trade and industry teachers shall be two years
of college and six years of work experience (14 Del.C.
§1301). Undergraduate credit in a matriculated bachelor's
degree may be accepted in lieu of graduate credit for trade
and industry teachers who do not hold a bachelor's degree.
Initial placement on the basic salary schedule for educators,
set forth in 14 Del.C. §1305, for trade and industry teachers
who have completed two years of college and six years of
work experience is at the bachelor's degree level. In order to
be eligible for movement on the basic salary schedule, trade
and industry teachers must possess a standard certificate.
7.1 Movement beyond the bachelor's degree level on
the basic salary schedule for trade and industry teachers shall
apply as follows:
7.1.1 75 credits toward a bachelor's degree is
equivalent to a bachelor's degree plus 15 credits.
7.1.2 90 credits toward a bachelor's degree is
equivalent to a bachelor's degree plus 30 credits.
7.1.3 A bachelor's degree is equivalent to a
master's degree on the basic salary schedule.
7.1.4 A master's degree is equivalent to a
master's degree plus fifteen credits on the basic salary
schedule.
7.1.5 A master's degree plus fifteen credits is
equivalent to a master's degree plus 30 credits on the basic
salary schedule.
7.1.6 A master's degree plus thirty credits is
equivalent to a master's degree plus 45 credits on the basic
salary schedule.
7.1.7 A master's degree plus 45 credits is
equivalent to a doctorate degree on the basic salary schedule.
8.0 Graduate credits which are included in the approved
Alternative Routes to Certification as defined in subchapter
VI, Chapter 12 of Title 14 of the Delaware Code may be
applied by educators enrolled in the approved alternative
route toward a master's degree plus 15 credits, a master's
degree plus 30 credits, a master's degree plus 45 credits or a
doctorate degree on the basic salary schedule for educators,
set forth in 14 Del. C., §1305 (a).
9.0 In order to be eligible to receive a salary increment, an
applicant for a professional growth salary increment must
hold a limited standard, standard or professional status
certificate issued pursuant to General Regulations for
certification of professional public school personnel and the
specific regulations as adopted for certification effective July
1, 1993, or an initial, continuing, or advanced license issued
by the Department in accordance with Subchapter III of
Chapter 12 of Title 14 of the Delaware Code. An educator
employed on an emergency certificate pursuant to 14 DE
Admin. Code 1515 is eligible to receive a salary increment.
10.0 Acceptable Professional Degrees
10.1 In order to be applicable to professional growth
salary increments, master's and doctorate degrees must be
directly related to an area or specialty in which the educator
is employed, which has been identified as a critical needs
area in K-12 education, or which the district or charter
school, if applicable, in which the educator is employed has
requested the educator to pursue. Any such request from a
district or charter school, if applicable must be in writing and
must be submitted with the completed application for a
salary increment.
11.0 Application Procedures
11.1 Upon completion of the credits required for
movement on the basic salary schedule for educators, set
forth in 14 Del.C. §1305(a), an applicant may apply for a
salary increment. No applications will be considered prior to
the completion of credits necessary for movement on the
salary schedule.
11.1.1 An applicant shall secure the proper form
from the local school district
or charter school office, complete the form, and return it to
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1590 PROPOSED REGULATIONS
the school district office for transmittal to the Office of
Professional Accountability.
11.1.2 The applicant shall arrange for official
transcripts to be submitted by The college or university
directly to the Office of Professional Accountability or
delivered by the applicant in an unopened, unaltered
envelope.
11.1.3 An application for a salary increment for
the current fiscal year (July 1 - June 30) must be received in
the Office of Professional Accountability no later than June
1. This date is necessary to allow adequate time for
evaluation and notification to the district payroll office for
salary adjustment. Applications received after June 1 will be
approved effective the first day of the next fiscal year.
12.0 Effective Date of Salary Adjustment
12.1 The salary adjustment shall be made after the
evaluation and approval of the candidate's application by the
Office of Professional Accountability. The adjustment will
be authorized to be made retroactive to the first of the month
following the date certified by transcript or official grade slip
as to when the program or credit was completed.
12.2 Retroactive salary adjustment may be by a
single payment or by payments divided equally among all
the pay periods remaining in a current fiscal year as may be
determined by the district or state fiscal officers.
12.3 No salary increment shall be retroactive to a
prior fiscal year.
Educational Impact Analysis Pursuant To 14 Del.C.
Section 122(D)
1511 Issuance And Renewal Of Continuing License
A. Type Of Regulatory Action Requested
Amendment to Existing Regulation
B. Synopsis Of Subject Matter Of Regulation
The Professional Standards Board in cooperation and
collaboration with the Department of Education seeks the
approval of the State Board of Education to amend
regulation 1511 Issuance and Renewal of Continuing
License concerning the requirements for the issuance and
renewal of a continuing license. This regulation shall apply
to the issuance and renewal of a continuing license as
established by 14 Del. C. § 1211 and § 1213. It is necessary
to amend this regulation in order to comply with changes in
statute which were recently enacted. Included in the changes
are the inclusion of expiration of a license during the school
year as an exigent circumstance, including the Department's
authority to issue a continuing license to an applicant
licensed as an educator in another jurisdiction who provides
evidence of having completed three or more years of
successful teaching, and the Department's authority to issue
a continuing license to an applicant who does not otherwise
meet the requirements for a continuing license after
individual review of the applicant's credentials.
C. Impact Criteria
1. Will the amended regulation help improve student
achievement as measured against state achievement
standards? The amended regulation addresses student
achievement and requires that educators be fully qualified to
teach a subject area and that they engage in professional
development to maintain and improve their skills and
knowledge as a condition of renewal of the license.
2. Will the amended regulation help ensure that all
students receive an equitable education? The amended
regulation helps ensure that all educators demonstrate high
standards for the issuance of a continuing license and that
they engage in professional development to maintain and
improve their skills and knowledge as a condition of renewal
of the license.
3. Will the amended regulation help to ensure that all
students' health and safety are adequately protected? The
amended regulation addresses educator licensure, not health
and safety issues.
4. Will the amended regulation help to ensure that all
students' legal rights are respected? The amended regulation
addresses educator licensure, not students' legal rights.
5. Will the amended regulation preserve the necessary
authority and flexibility of decision makers at the local board
and school level? The amended regulation will preserve the
necessary authority and flexibility of decision makers at the
local board and school level.
6. Will the amended regulation place unnecessary
reporting or administrative requirements or mandates upon
decision makers at the local board and school levels? The
amended regulation will not place unnecessary reporting or
administrative requirements or mandates upon decision
makers at the local board and school levels.
7. Will decision making authority and accountability
for addressing the subject to be regulated be placed in the
same entity? The decision-making authority and
accountability for addressing the subject to be regulated rests
with the Professional Standards Board, in collaboration and
cooperation with the Department of Education, and with the
consent of the State Board of Education.
8. Will the amended regulation be consistent with and
not an impediment to the implementation of other state
educational policies, in particular to state educational
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies? The amended regulation will be consistent with,
and not an impediment to, the implementation of other state
educational policies, in particular to state educational
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1591
policies addressing achievement in the core academic
subjects of mathematics, science, language arts and social
studies.
9. Is there a less burdensome method for addressing
the purpose of the amended regulation? 14 Del. C. requires
that we promulgate this regulation.
10. What is the cost to the state and to the local school
boards of compliance with the amended regulation? There is
no additional cost to local school boards for compliance with
the regulation.
1511 Issuance And Renewal Of Continuing License
1.0 Content: This regulation shall apply to the issuance and
renewal of a continuing license for educators, pursuant to 14
Del.C. § 1211 and § 1213 2.
2.0 Definitions: The following words and terms, when used
in this regulation, shall have the following meaning unless
the context clearly indicates otherwise:
"College credit" means graduate or undergraduate level
coursework and continuing education units (CEUs)
completed at, or through, a regionally accredited college or
university.
"Clock-hour" means actual time spent in professional
development, not credit hours.
"Cooperating teacher or intern supervisor" means an
individual working with student teachers or graduate or
undergraduate interns as part of a state-approved educator
preparation program.
"Clusters" means focused groups of approved
professional development activities that lead to measurable
and observable knowledge and skills. Clusters must be
approved by the Standards Board and the State Board.
"Curriculum or assessment development" means
work with a local, state, national, or international education
agency or organization designing curriculum or assessments
for improved educational practice in an area related to an
individual's professional responsibilities.
"Delaware Administrator Standards" means
standards for education administrators approved by the
Secretary of Education and the State Board of Education, as
per 14 Del. Admin Code 394 1594, Delaware Administrator
Standards.
"Delaware Professional Teaching Standards" means
standards of teaching approved by the Secretary of
Education and the State Board of Education, as per 14 Del.
Admin Code 393 1593, Delaware Professional Teaching
Standards.
"Department" means the Delaware Department of
Education.
"Educational project" means an individual
professional growth project of 15 or more clock hours,
including a research project not related to a course for which
credit is claimed, completed to enhance the individual's
professional practice, with the development of a final
product or report.
"Educational travel" means a travel experience
including 15 or more clock hours of work time directly
related to the individual's professional responsibilities,
including a final project to be used to enhance the
individual's work.
"Educator" means an employee paid under 14 Del.C.
§1305. means a public school employee who holds a license
issued under the provisions of 14 Del. C., Chapter 12, and
includes teachers and administrators, and as otherwise
defined by the Standards Board and the State Board,
pursuant to 14 Del. C. § 1203, but does not include substitute
teachers.
"Exigent circumstances" means unanticipated
circumstances or circumstances beyond the educator's
control, including, but not limited to, expiration of a license
during the school year, serious illness of the educator or a
member of his/her immediate family, activation to active
military duty, and other serious emergencies which
necessitate the educator's temporarily leaving active service.
"Formal study group" means documented
participation in a study group, related to an individual's
professional responsibilities, such as reviewing, discussing,
and implementing strategies from a book or creating a group
product as part of an action research project, as a form of
professional development.
"Initial License" means a license issued as part of the
three-tiered licensure system set forth in 14 Del. C. § 1210.
"Knowledge and skills" means understandings and
abilities that, when acquired by educators, lead to more
effective instruction.
"Mentoring" means training and service in providing
mentoring support or assistance through a formally
organized and approved state or district mentoring program
to educators during the initial licensure period.
"NBPTS or similar national certification" means a
certificate from the National Board for Professional
Teaching Standards, or similar body as approved by the
Standards Board, verifying completion of all requirements in
an individual's job-related area of the profession or, in the
case of an individual seeking, but not earning, the national
certificate, verification of the clock hours devoted to
completing the requirements for the national certificate.
"Peer coaching" means training and service as a peer
coach or peer assistant in a formally organized and approved
state or school district peer-coaching or peer assistance
program.
"Presentation" means preparation and presentation as a
workshop or conference presenter or course instructor on a
topic related to the individual's professional responsibilities.
"Professional conference, workshop, institute, or academy"
means a program offered either within, or outside, the state
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1592 PROPOSED REGULATIONS
that contributes to the participant's professional knowledge
or skills in effectively conducting his/her work in education.
"Professional development" means classes, seminars,
workshops, collaborative work groups, learning
communities, cohort school or district teams which result in
the acquisition of knowledge and skills which lead to more
effective instruction.
"Professional development activities" means activities
designed to enhance knowledge and skill to promote
continuous professional growth and to improve educator
performance.
"Professional development cluster" or "cluster"
means a focused group of professional development
activities that leads to measurable and observable knowledge
and skills.
"Professional portfolio" means a formal collection of
artifacts and exhibits that include required examples of an
individual's professional work based upon specific
performance tasks or standards.
"Professional programs or committees" means job
related service, designed to enhance the profession.
"Publication" means the preparation of a formally
published book, article, report, study, or grant that
contributes to the education profession or adds to the body of
knowledge in an individual's specific field, but does not
include such items prepared as part of a course for which an
individual is also claiming credit.
"Standards Board" means the Professional Standards
Board established pursuant to 14 Del.C., § 104.
"State" means State of Delaware.
"State Board" means the State Board of Education of
the State of Delaware established in response to 14 Del.C. §
104.
3.0 Issuance of Initial Continuing License: In accordance
with 14 Del.C. § 1211, the Department shall issue, upon
application, a continuing license to an educator who has
successfully completed the requirements under the initial
licensure as set forth in 14 Del.C. § 1210 and § 1211. The
Department shall issue a continuing license to an applicant
licensed as an educator in another jurisdiction who provides
evidence of having completed three (3) or more years of
successful teaching experience. A continuing license is valid
for 5 years unless extended pursuant to 14 Del.C. §1216 or
revoked for cause, as defined in 14 Del.C. §1218.
3.1 An applicant for a continuing license shall submit
the approved application form to the Department. Copies of
DPAS II annual summative evaluations for the period of
initial licensure shall be submitted with an initial application
for a Continuing License. An applicant with more than one
(1) unsatisfactory DPAS II annual summative evaluation
during the period of initial licensure is ineligible to be issued
a continuing license. Incomplete applications will not be
processed.
4.0 The Department may issue a continuing license to an
educator who previously held a valid Delaware certificate
that has expired.
4.1 An educator returning to employment and holding a
current standard or professional status certificate will be
issued a continuing license upon employment.
4.2 An educator who previously held a valid Delaware
standard or professional status certificate which has expired
and who has been out of the profession for less than three (3)
years may be issued a continuing license, valid for 5 years,
upon employment and application on the approved form and
evidence of previous Delaware certification.
4.3 An educator who has completed three (3) or more
years of successful teaching and who holds a continuing
license which has expired who has been out of the profession
for more than three (3) years may be issued a continuing
license, but must, within the first year of employment,
successfully complete a district-sponsored mentoring
program which focuses on current best practices in
curriculum, instruction and assessment aligned to state
standards.
4.4 An educator holding a limited standard or
temporary certificate and currently employed as an educator
in a Delaware public school will be issued a continuing
license upon completing all requirements for the current
standard certificate. Requirements must be completed by the
expiration date of the limited standard or temporary
certificate.
4.5 An educator holding a current or expired
professional status or standard certificate assigned to work
outside the area covered by the professional status or
standard certificate will be issued a continuing license, with
an emergency certificate for the new area issued one year at
a time for a maximum for a period of three years to enable
the educator to fulfill the requirements for the standard
certificate in the area of the new assignment. Professional
status or standard certificates held by an educator at the time
of reassignment will be added to the continuing license as
standard certificates.
5.0 Renewal of a Continuing License: In accordance with
14 Del.C. §1212, the Department shall renew a continuing
license, valid for an additional 5 years, to an educator who
has fulfilled the 90-clock hour requirement for professional
development. At least one-half of the required hours (45
hours every five years) for educators must be in activities to
relate to the educator's work with students or staff.
Satisfactory evidence of such completion, as set forth in
Section 3.1, shall be submitted to the Department with the
application for renewal. The 90-clock hours of professional
development must have taken place during the term of the
continuing license.
5.1 Options for Relicensure
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1593
Re-licensure Options - Specifications - Teachers/
specialists/administrators
OPTION MAX. HOURS HOUR VALUE VERIFICATION CRITERIA
College Credit No limit 1 semester hour =
15 clock hours.
1 quarter hr./CEU =
10 clock hours.
Official Transcripts.
Original Grade Slips.
Original Certificate of
Completion for
CEUs.
Must be completed at a regionally
accredited college.
Must be taken for credit with grade
of "C" or better or a "P" in pass/fail
course.
"Clusters" of skills &
knowledge.
Planned school Prof. Dev.
Day if activities Part of
Approved Cluster
No limit Verified clock hours in
completion of cluster
activities.
Approval Slip or Form
Verifying Completion.
Cluster must be prior-approved
by Professional Development &
Associated Compensation
Committee, the Professional
Standards Board and the State
Board of Education.
Professional Conference/
Workshop/ Institute or
Academy
30 clock hours per year
45 clock hours per cycle
Verified clock hours actively
involved in workshop or
conference sessions
Original Certificate of
Attendance or
Completion OR Letter from
Supervisor/Conference
Staff. Copies/ Exhibits of
products developed by
Applicant.
Course Attendance Slip
Must include only time spent in
those portions of the workshop
or conference program that
contribute to the participant's
knowledge, competence,
performance, or effectiveness in
education.
Mentoring 30 per year
45 per cycle
Verified clock hours
involved in mentoring
activities
Activity Documentation
Form.
(No prior approval required)
Must be mentoring of teacher,
administrator, or specialist.
Must be part of a formal state/
local program.
Cooperating
Teacher/Intern
Supervisor
30 per year
45 per cycle
Verified clock hours
involved in support of
student teacher or intern
Activity Documentation
Form completed by higher
education director of fieldbased
clinical studies.
(No prior approval required)
Must be supervision of graduate
or undergraduate intern or
student teacher in a stateapproved
educator preparation
program.
Presentation 10 per 3 clock hour
course; 30 per longer
course; 45 per cycle
Verified clock hours
preparing and presenting
Activity Documentation
Form*
(Prior approval required)
Must include only actual time
preparing and presenting a
course, workshop, or
presentation. (Clock hours
limited to first preparation and
presentation of individual
course, workshop, or
presentation.)
Educational Project 30 per year
45 per cycle
Verified clock hours
completing project.
Minimum of 15
clock hours
Activity Documentation
Form*
(Prior approval required)
Project must have been prior
approved by the Professional
Development & Associated
Compensation Committee.
Must have obtained final
approval after completion and
verification by PDAC
Curriculum/
Assessment Development
30 per year
45 per cycle
Verified clock hours of
service; Minimum of 3 clock
hours
Original documentation
from committee chair
verifying actual clock hours
of participation
Must be service on formal
committee organized by local,
state, national, or international
education agency or
organization.
Educational Travel 3 per day
30 per cycle
Verified clock hours of
experience. Minimum of 15
clock hours per travel
activity. Final Project.
Activity Documentation
Form*
(Prior approval required)
Must be prior approved by
Professional Development &
Associated Compensation
Committee.
Must have obtained final
approval after completion and
verification by PCAC.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1594 PROPOSED REGULATIONS
Professional Programs/
Committees
30 per year
45 per cycle
Verified clock hours of
service or experience.
Original documentation
from committee chair or
activity leader verifying
actual clock hours of
participation.
Must be a formal activity
provided through a recognized
local, state, national, or
international education agency
or organization
Peer Coaching 30 per year
45 per cycle
Verified clock hours of
service or experience.
Activity Documentation
Form.
(No prior approval required)
Must be part of a formal
program.
Publication 30 per year
45 per cycle
30 clock hours for book.
Up to 15 clock hours per
other publication.
Copy of Publication or
Document.
Must contribute to the education
profession or add to the body of
knowledge in the individual's
specific field.
Must be commercially
published or a formally
approved document or formally
published in a medium
sanctioned by a recognized state
or national agency or
organization. If a grant, must be
approved for funding.
Professional Portfolio (to be
developed by Standards
Board).
30 per year
45 per cycle
45 clock hours for
completed and
approved portfolio.
The Completed/Approved
Portfolio.
Must satisfy the standards
established for teaching
portfolios.
Must be submitted to DOE by
December 31 of the final year of
the certificate for assessment
and approval.
NBPTS Certification or
similar National
Certification
30 per year
45 per cycle
45 clock hours for attaining
national certification
Not complete -verified clock
hours completing portfolio
activities.
A Valid Copy of the
National Certificate.
For candidate not
completing certificate -
Activity Documentation
Form.
(No prior approval required)
Holds a certificate indicated by
NBPTS as related to an
individual's work or
assignment.
Certificate or participation as a
candidate must be completed
and verified by the expiration
date of the Delaware certificate.
Formal Study Groups 30 per year
45 per cycle
Verified clock hours
working as a member of a
study group.
Activity Documentation
Form and The Product of the
Study.*
(Prior approval required)
Must relate to the individual's
work or assignment.
Must include a product.
5.2 Documentation of Clock Hours for Relicensure
5.2.1 For renewal of the continuing license,
educators may complete and document clock hours for the
variety of activities described under relicensure options.
When college or university courses are used to fulfill the
requirements, the following equivalencies will be used:
1 semester hour = 15 clock hours, 1 quarter hour = 10 clock
hours, 1 CEU = 10 clock hours.To be documented for clock
hours, activities must meet the criteria set forth in the
regulations and must be appropriately verified and applied
for. Activities requiring prior approval must be approved by
the educator's immediate supervisor. Professional
development activities that are part of a DPAS II assistance
plan may be used to satisfy this requirement.
5.2.2 Criteria for determining if activities are
acceptable for clock hour credit include the following:
5.2.2.1 The activity enhances the knowledge
and skills in the educator's job or contributes to his/her
school or profession.
5.2.2.2 The activity meets one of the
relicensure options.
5.2.2.3 The activity addresses one of the
standards for the educator's area of the profession.
5.2.2.4 The activity is completed during the
term of the educator's current continuing license.
5.2.2.5 The activity addresses specific
Professional Teaching or Administrator Standards.
5.2.2.6 Participation in, or completion of, the
activity can be documented.
5.3 The Re-Licensure Application, Activity
Documentation Form, and, where required, original or
official documents will be used to verify activities for
renewal of a continuing license. Official transcripts or
original grade slips are required documentation for
successful completion of college courses.
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PROPOSED REGULATIONS 1595
5.4 For applicants who change positions (grade levels,
content areas, areas of supervisory responsibility, etc.)
during the five-year term of a continuing license, clock hours
documented must have been appropriate to the educator's
position at the time the clock hours were completed.
6.0 To obtain renewal of a continuing license, educators are
required to participate in professional development activities
totaling 90 clock hours every five years. The 90 clock hours
must be completed during the five-year term of the license.
All activities must relate to the 14 Del. Admin. Code 393
1593, Delaware Professional Teaching or 14 Del. Admin
Code 394 1594, Delaware Administrator Standards.
7.0 Candidates for renewal of a continuing license may
select from a variety of professional development options, as
set forth in the relicensure options approved by the
Professional Standards Board, set forth in Section 5.1 and
contained in the Guidelines for Issuance and Renewal of a
Continuing License. The activities selected must be beyond
the normal or specified requirements of the position.
Professional development activities which fulfill the criteria
for relicensure for which educators receive compensation
may be submitted in fulfillment of the 90-clock hour
requirement for relicensure. Graduate credits used to satisfy
the 90 clock hour requirement for license renewal may, if
part of a matriculated program, also be used for a salary
increment on the state salary schedule. The activities or
options used to satisfy the 90 clock hour requirement for
license renewal may be part of an approved professional
development cluster eligible for a salary supplement.
8.0 The Department may extend a continuing license for a
period not to exceed one year, exigent circumstances
warranting the necessity of such extension.
9.0 An educator may take a leave of absence of up to three
years with no effect upon the validity or expiration of the
continuing license.
10.0 An applicant shall disclose his or her criminal
conviction history upon application for a continuing license.
Failure to disclose a criminal conviction history is grounds
for denial or revocation of a continuing license as specified
in 14 Del.C., § 1219.
11.0 This regulation shall apply to all requests for
continuing license, issuance and renewal, except as
specifically addressed herein. Educators holding a
Professional Status Certificate or a Standard Certificate
expiring on June 30, 2001 shall have until June 30, 2007 to
meet the new continuing license renewal standards. All
administrators in instructional areas issued a continuing
license as of July 1, 2001, shall have until June 30, 2007 to
meet the new continuing license renewal standards.
Educators holding a Professional Status Certificate or a
Standard Certificate expiring July 1, 2001 or thereafter shall
be required to satisfy the new continuing license renewal
standards as set forth herein.
12.0 A license holder whose license expires during the
school year may have the continuing license extended until
the last day of the school year. This extension shall be
considered an exigent circumstance and shall not exceed one
(1) year in length.
13.0 The Secretary of Education may, upon the written
request of the superintendent of a local school district or
charter school administrator or other employing authority,
review credentials submitted in application for a continuing
license on an individual basis and grant a continuing license
to an applicant who otherwise does not meet the
requirements for a continuing license, but whose
effectiveness is documented by the local school district or
charter school administrator or other employing authority.
DEPARTMENT OF FINANCE
DIVISION OF REVENUE
OFFICE OF THE STATE LOTTERY
Statutory Authority: 29 Delaware Code,
Section 4805(a) (29 Del.C. 4805(a))
The Lottery issues these proposed amendments pursuant
to 29 Del. C. §4805(a) and 29 Del. C. §10115. The Lottery
will accept written comments from June 1, 2003 through
June 30, 2003. The Lottery will hold a public hearing on the
proposed amendments on June 26, 2003 at 3:00 p.m. at the
Delaware Lottery Office, 1575 McKee Road, Suite 102,
Dover, DE 19904-1903. Written comments should be
submitted to Wayne Lemons, Lottery Director, at the same
above-listed address.
The Lottery proposes to amend Video Lottery
Regulation as follows:
1. amend Video Lottery Regulation 5.2.1(2) to
provide that the maximum bet of $100 is subject to Video
Lottery Regulation 7.3 which permits the Director to
authorize extended plays or games on a video lottery
machine;
2. amend Video Lottery Regulation 6.10 to
provide that video lottery agents exercise caution and good
judgment in extending credit and act in compliance with all
federal and state laws;
3. repeal Video Lottery Regulation 6.18 which
prohibits video lottery agents from providing financial
assistance or credit to players;
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1596 PROPOSED REGULATIONS
4. amend Video Lottery Regulation 6.30 to
provide that no automated teller machine may be within
twenty-five feet of any video lottery machine;
5. amend Video Lottery Regulation 7.2 to lower
the minimum bet on video lottery machines from $.05 to
$.01;
6. amend Video Lottery Regulation 7.3 to provide
that the Director may authorize extended plays and games on
video lottery machines which are not subject to the $100
maximum bet.
Proposed Changes to Video Lottery Regulations
5.0 Technology Providers: Contracts; Requirements;
Duties
5.1 The Director shall, pursuant to the procedures set
forth in 29 Del.C. §6924 enter into contracts with licensed
technology providers as he or she shall determine to be
appropriate, pursuant to which the technology providers
shall furnish by sale or lease to the State video lottery
machines in such numbers and for such video games as the
Director shall approve from time to time as necessary for the
efficient and economical operation of the lottery, or
convenience of the players, and in accordance with the
agents' business plans as approved and amended by the
Director. No single technology provider shall supply more
than 65% of the total number of video lottery machines at the
premises of any agent. No more than 1,000 video lottery
machines shall be located within the confines of an agent's
premises unless the Director approves up to an additional
1,000 machines or other number approved by the Director as
permitted by law.
5.2 All contracts with technology providers shall
include without limitation, provisions to the following
effect:
(1) The technology provider shall furnish a person
to work with the agency and its consultants to provide
assistance as needed in establishing, planning and executing
acceptance tests on the video lottery machines provided by
such technology provider. Technology provider assistance
shall be provided as requested by the agency in
troubleshooting communication and technical problems that
are discovered when video lottery machines are initially
placed at the agent's site;
(2) The technology provider shall submit video
lottery (2) The technology provider shall submit video
lottery machine illustrations, schematics, block diagrams,
circuit analysis, technical and operation manuals, program
source code and object code and any other information
requested by the Director for purposes of analyzing and
testing the video lottery machines. A maximum of $100
shall be permitted for wagering on a single play of any video
game except that the Director pursuant to Regulation 7.3
may authorize extended plays or games on a video lottery
machine in excess of the $100 maximum bet limit.
(3) For testing, examination and analysis purposes,
the technology provider shall furnish working models of
video lottery machines, associated equipment, and
documentation at locations designated by the Director. The
technology provider shall pay all costs of any testing,
examination, analysis and transportation of the video lottery
machines, which may include the entire dismantling of the
machines and some tests that may result in damage or
destruction to one or more electronic components of the
machines. The agency and its agents shall have no liability
for any damage or destruction. The agency may require that
the technology provider provide specialized equipment or
the agency may employ the services of an independent
technical laboratory expert to test the video lottery machine
at the technology provider's expense;
(4) Technology providers shall submit all
hardware, software, and test equipment necessary for testing
of their video lottery machines;
(5) The EPROMs of each video lottery machine
shall be certified to be in compliance with published
specifications;
(6) No video lottery machine shall be put into use
prior to certification of its model by the Director;
(7) Technology providers shall agree to promptly
report any violation or any facts or circumstances that may
result in a violation of these rules; provide immediate access
to all its records and its physical premises for inspection at
the request of the Director; attend all trade shows or
conferences as required by the Director; provide the
Director with keys and locks subject to the Director's
specifications for each approved video lottery machine;
(8) Technology providers shall agree to modify
their hardware and software as necessary to accommodate
video game changes directed by the agency from time to
time;
(9) Technology providers shall provide such bonds
and provide evidence of such insurance as the Director shall
require from time to time and in such amounts and issued by
such companies as the Director shall approve; and
(10) Technology providers shall have a valid
license to conduct business in the State of Delaware, shall
comply with all applicable tax provisions, and shall in all
other respects be qualified to conduct business in Delaware.
5.3 Each video lottery machine certified by the Director
shall bear a decal and shall conform to the exact
specifications of the video lottery machine model tested and
certified by the Director.
5.4 No video lottery machine may be transported out of
the State until the decal has been removed and no decal shall
be removed from a video lottery machine without prior
agency approval.
5.5 Technology providers shall hold harmless the
agency, the State of Delaware, and their respective
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1597
employees for any claims, loss, cost, damage, liability or
expense, including, without limitation, legal expense arising
out of any hardware or software malfunction resulting in the
wrongful award or denial of credits or cash.
5.6 A technology provider shall not distribute a video
lottery machine for placement in the state unless the video
lottery machine has been approved by the agency. Only
licensed technology providers may apply for approval of a
video lottery machine or associated equipment. The
technology provider shall submit two copies of video lottery
machine illustrations, schematics, block diagrams, circuit
analysis, technical and operation manuals, program source
code and object code, and any other information requested
by the agency for purposes of analyzing and testing the video
lottery machine or associated equipment.
5.7 The agency may require that two working models
of a video lottery machine be transported to the location
designated by the agency for testing, examination, and
analysis. The technology provider shall pay all costs of
testing, examination, analysis and transportation of such
video lottery machine models, which may include the entire
dismantling of the video lottery machine and tests which
may result in damage or destruction to one or more
electronic components of such video lottery machine model.
The agency may require that the technology provider
provide specialized equipment or the services of an
independent technical expert in testing the terminal.
5.8 After each test has been completed, the agency shall
provide the video lottery machine technology provider with
a report that contains findings, conclusions, and pass/fail
results. Prior to approving a particular video lottery
machine model, the agency may require a trial period not in
excess of sixty (60) days for a licensed agent to test the video
lottery machine. During the trial period, the technology
provider may not make any modifications to the video
lottery machine model unless such modifications are
approved by the agency.
5.9 The technology provider is responsible for the
assembly and initial operation, in the manner approved and
licensed by the agency, of all its video lottery machines and
associated equipment. The technology provider may not
change the assembly or operational functions of any of its
video lottery machines approved for placement in Delaware
unless a "request for modification to an existing video lottery
machine prototype" is made to the agency, that request to
contain all appropriate information relating to the type of
change, reason for change, and all documentation required.
The agency must approve such request prior to any changes
being made, and the agency shall reserve the right to require
second testing of video lottery machines after modifications
have been made.
5.10 Each video lottery machine approved for
placement in a licensed agent's place of business shall
conform to the exact specifications of the video lottery
machine prototype tested and approved by the agency. Any
video lottery machine which does not so conform shall be
disconnected from the Delaware video lottery system until
compliance has been achieved. Each video lottery machine
shall at all times operate and be placed in accordance with
the provisions of these regulations.
5.11 The following duties are required of all
licensed technology providers, without limitation:
(1) Manufacture terminals and associated
equipment for placement in Delaware in accordance with the
specifications of the agency.
(2) Manufacture terminals and associated
equipment to ensure timely delivery to licensed Delaware
agents.
(3) Maintain and provide an inventory of
associated equipment to assure the timely repair and
continued, approved operation and play of licensed video
lottery machines acquired under the contract for placement
in Delaware.
(4) Provide an appropriate number of service
technicians with the appropriate technical knowledge and
training to provide for the service and repair of its licensed
video lottery machines and associated equipment so as to
assure the continued, approved operation and play of those
licensed video lottery machines acquired under contract for
placement in Delaware.
(5) Obtain any certification of compliance required
under the applicable provisions of rules adopted by the
Federal Communications Commission.
(6) Promptly report to the agency any violation or
any facts or circumstances that may result in a violation of
State or Federal law and/or any rules or regulations adopted
pursuant thereto.
(7) Conduct video lottery operations in a manner
that does not pose a threat to the public health, safety, or
welfare of the citizens of Delaware, or reflect adversely on
the security or integrity of the video lottery.
(8) Hold the agency and the State of Delaware and
its employees harmless from any and all claims that may be
made against the agency, the State of Delaware, or the
employees of either, arising from the technology provider's
participation in or the operation of a video lottery game.
(9) Defend and pay for the defense of all claims
that may be made against the agency, the State of Delaware,
or the employees of either, arising from the technology
provider's participation in video lottery operations.
(10) Maintain all required records.
(11) Lease or sell only those licensed video
lottery machines, validation units and associated equipment
approved under these regulations.
(12) It shall be the continuing duty of the
technology provider licensee to provide the Director with an
updated list of the names and addresses of all its employees
who are involved in the daily operation of the video lottery
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1598 PROPOSED REGULATIONS
machines. These employees will include individuals or
their supervisors involved with (1) the repair or maintenance
of the video lottery machines, or (2) positions that provide
direct access to the video lottery machines. It shall be the
continuing duty of the technology provider licensee to
provide for the bonding of each of these individuals to
ensure against financial loss resulting from wrongful acts on
their parts.
(13) It shall be the ongoing duty of the
technology provider licensee to notify the Director of any
change in officers, partners, directors, key employees, video
lottery operations employees, or owners. These individuals
shall also be subject to a background investigation. The
failure of any of the above-mentioned individuals to satisfy a
background investigation may constitute "cause" for the
suspension or revocation of the technology provider's
license.
(14) Provide the agents with the technical
ability to distribute the proceeds of the video lottery in
accordance with the requirements of these regulations and 29
Del. C. chapter 48.
6.0 Agents: Duties
The following duties are required of all licensed agents:
6.1 Provide a secure location for the placement,
operation, and play of all licensed video lottery machines
located on the licensed agent's premises.
6.2 Permit no person to tamper with or interfere with
the approved operation of any licensed video lottery
machine.
6.3 Assure that telephone lines from the agency's
central computer to the licensed video lottery machines
located on the licensed agent's premises are at all times
connected, and prevent any person from tampering or
interfering with the continuous operation of the lines.
6.4 With respect to video lottery operations, contract
only with officers, directors, owners, partners, key
employees, and suppliers of video lottery equipment and
paraphernalia authorized by the agency to participate in
video lottery operations within the State of Delaware.
6.5 Ensure that licensed video lottery machines are
placed and remain as placed unless the agency authorizes
their movement within the sight and control of the agent or a
designated employee, through physical presence and by the
use of surveillance cameras at all times.
6.6 Ensure that licensed video lottery machines are
placed and remain as placed in the specific area of the
premises as approved by the lottery. Any relocation of a
licensed video lottery machine or machines requires prior
approval from the agency.
6.7 Monitor video lottery machine play and prevent
access to or play by persons who are under the age of
twenty-one (21) years or who are intoxicated, or whom the
agent has reason to believe are intoxicated.
6.8 Commit no violations of the laws of this State
concerning the sale, dispensing, and consumption on the
premises of alcoholic beverages that result in suspension or
revocation of an alcoholic beverage license.
6.9 Maintain at all times sufficient change and cash in
denominations accepted by the video machines located in the
premises.
6.10 Extend no credit Exercise caution and good
judgment in extending credit for video lottery machine play,
and comply with all applicable federal and state laws.
6.11 Exercise caution and good judgment in
providing cash for checks presented for video lottery
machine play.
6.12 Report promptly all video lottery machine
malfunctions to the appropriate technology provider and
agency and notify the agency of any technology provider
failure to provide service and repair of such terminals and
associated equipment.
6.13 Conduct agency approved advertising and
promotional activities related to video lottery operations.
6.14 Install, post and display prominently at
locations within or about the premises signs, redemption
information and other promotional material as may be
required by the agency.
6.15 Permit video lottery games to be played only
during those hours established and approved by the Director.
6.16 Assume responsibility for the proper and
timely payment to players of credits or tokens awarded.
6.17 Prohibit the possession, use or control of
gambling paraphernalia on the premises not directly related
to the lottery or horse racing or harness horse racing and
prohibit illegal gambling on the premises.
6.18 Provide no form of financial assistance or grant
credits other than credits issued by a video lottery machine to
enable players to play video games. (Reserved)
6.19 Attend all meetings, seminars, and training
sessions required by the agency.
6.20 Supervise its employees and their activities to
ensure compliance with these rules.
6.21 Assume responsibility for the proper and
immediate redemption of all credits; however, no credits
may be redeemed by a person under twenty-one (21) years of
age, and no credits submitted for redemption beyond the 365
day time limit will be redeemed.
6.22 Provide dedicated power and a proper video
lottery machine environment in accordance with the
specifications of the agency.
6.23 Furnish to the Director complete information
pertaining to any change in ownership of the agent or the
owner of the premises or beneficial owner (other than a
change in ownership by an owner of less than twenty (20)
percent of the issued and outstanding capital stock of the
agent or premises owner if such stock is publicly traded).
6.24 Promptly report to the lottery any violation or
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1599
any facts or circumstances that may result in a violation of
State or Federal law and/or any rules or regulations pursuant
thereto, excluding violations concerning motor vehicle laws.
6.25 Conduct video lottery operations in a manner
that does not pose a threat to the public health, safety, or
welfare of the citizens of Delaware, or reflect adversely on
the security or integrity of the lottery.
6.26 Hold the Director, the State of Delaware, and
employees thereof harmless from and defend and pay for the
defense of any and all claims which may be asserted against
the Director, the State or the employees thereof, arising from
the participation in the video lottery system, except claims
arising from the negligence or willful misconduct of the
Director, the State or the employees thereof.
6.27 Maintain all required records.
6.28 Provide at the request of the Director
immediate access to the premises and to all records related to
any aspect of these regulations, including without limitation
the duties imposed by these regulations.
6.29 Keep current on all payments, tax obligations
and other obligations to the agency and other licensees with
whom video lottery business is conducted. The agent shall
pay the players and transfer the net proceeds to the State
lottery fund in conformity with the requirements set forth in
these regulations and 29 Del. C. chapter 48.
6.30 Ensure that there are no automated teller
machines (ATMs) on the premises or within twenty-five (25)
fifty (50) feet of the boundary of the premises any video
lottery machine on the premises.
6.31 Locate all video lottery machines within the
viewing range of closed circuit television cameras at all
times, including both normal business hours and those
periods when video lottery operations are closed. The
presence of these cameras is to ensure the integrity of the
lottery, the video lottery operations, and the safety of the
patrons.
6.32 Comply with such other requirements as shall
be specified by the Director. The agent shall submit to the
Director a description of its system of internal procedures
and administrative and accounting controls which shall
conform to the rules and regulations of the agency and be
otherwise satisfactory to the Director in his or her sole
discretion.
6.33 Provide, on a continuing basis, to the Director
the names and addresses of all employees who are involved
in the daily operation of the video lottery machines. These
employees will include individuals or their supervisors
involved with (1) the security of the video lottery machines,
(2) the handling or transporting of proceeds from the video
lottery machines, or (3) positions that provide direct access
to video lottery machines. It shall be the continuing duty of
the video lottery agent licensee to provide for the bonding of
any of the above-mentioned employees to ensure against
financial loss resulting from wrongful acts on their parts.
Likewise, the agent shall post a bond or irrevocable letter of
credit in a manner and in an amount established by the
agency. Any such bonds shall be issued by a surety
company authorized to transact business in Delaware and
said company shall be approved by the State Insurance
Commissioner as to solvency and responsibility.
6.34 Notify the Director on a continuing basis of
any change in officers, partners, directors, key employees,
video lottery operations employees, and owners. Such
persons will also be subject to a background investigation.
The failure of any of the above-mentioned persons to satisfy
a background investigation may constitute "cause" for the
suspension or revocation of the video lottery agent's license,
provided that an agent is first given a reasonable opportunity
to remove or replace such person if the agent was unaware of
such "cause" prior to the background investigation.
6.35 As soon as it is known to the agent, file with
the Director a copy of any current or proposed agreement
and disclose to the Director any other relationship between
the agent, its parents, subsidiaries, related entities, partners,
owners, directors, officers or key employees for the sale,
lease, maintenance, repair or other assignment of the agent's
premises, or any other relationship of any vendor,
manufacturer or other person who stands to benefit
financially from the possession or use of video lottery
machines by such agent.
6.36 Comply with the applicable requirements
contained in Title 3, §10048 and §10148 and Title 28, §427
of the Delaware Code. The agent shall file an annual report,
due January 15th of each year, which provides sufficient
information for the Director to determine whether the agent
has satisfied the requirements of this provision.
6.37 Comply with the provisions of the business
plans as approved and amended.
6.38 Comply on a continuing basis with the
requirements for obtaining or retaining a license under the
provisions of these regulations and 29 Del. C. chapter 48.
7.0 Game Requirements
7.1 The Director shall authorize such video games to be
played on the agent's premises in conformity with approved
business plans, as amended.
7.2 Video games shall be based on bills, coins, tokens
or credits, worth between $.01 $.05 and $100.00 each, in
conformity with approved business plans as amended.
7.3 The Director, in his or her discretion, may authorize
extended plays or games on a video lottery machine features
from time to time to which the maximum wager limit of
$100 shall not apply.
7.4 Each video game shall display the amount wagered
and the amount awarded for each possible winning
occurrence based on the number of credits wagered.
7.5 Each video game shall provide a method for players
to view payout tables.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1600 PROPOSED REGULATIONS
7.6 Each player shall be at least twenty-one (21) years
of age. In the event an underage player attempts to claim a
prize, the video lottery agent should treat the play of the
game as void and the underage player shall not be entitled to
any prize won or a refund of amounts bet.
7.7 Agents shall redeem credit slips or tokens presented
by a player in accordance with procedures proposed by the
agent and approved by the Director prior to the opening of
the premises for video game play. Such procedures shall be
modified at the direction of the Director in his or her sole
discretion at any time. Nothing in this subsection (7.7) shall
prohibit the use of coin-in/coin-out machines.
7.8 Credit slips may be redeemed by a player at the
designated place on the premises where the video game
issuing the credit slip is located during the one hundred and
eighty (180) day redeeming period commencing on the date
the credit slip was issued.
7.9 No credit slip shall be redeemed more than one
hundred and eighty (180) days from the date of issuance.
No jackpot from a coin-in/coin-out machine shall be
redeemed more than one hundred and eighty (180) days from
the date on which the jackpot occurred. Funds reserved for
the payment of a credit slip or expired unclaimed jackpot
shall be treated as net proceeds if unredeemed one hundred
and eighty one (181) days from the date of issuance of the
credit slip or occurrence of the winning jackpot. The one
hundred and eighty day redemption policy in this regulation
shall be prominently displayed on the premises of the video
lottery agent.
7.10 No payment for credits awarded on a video
lottery machine may be made unless the credit slip meets the
following requirements:
(1) It is presented on a fully legible, valid, printed
credit slip on paper approved by the agency, containing the
information as required;
(2) It is not mutilated, altered, unreadable, or
tampered with in any manner, or previously paid;
(3) It is not counterfeit in whole or in part; and
(4) It is presented by a person authorized to play.
7.11 Method of Payment - The management of
each licensed agent shall designate employees authorized to
redeem credit slips during the hours of operation. Credits
shall be immediately paid in cash or by check when a player
presents a credit slip for payment meeting the requirements
of this section. No credits may be paid in tokens, chips or
merchandise.
7.12 Restrictions on Payment - Agents may only
redeem credit slips for credits awarded on video lottery
machines located on its premises. The agency and the State
of Delaware are not liable for the payment of any credits on
any credit slips.
7.13 Redeemed Tickets Defaced - All credit slips
redeemed by a licensed agent shall be marked or defaced in a
manner that prevents any subsequent presentment and
payment.
7.14 Liability for Malfunction - The agency and
the State of Delaware are not responsible for any video
lottery machine malfunction or for any error by the agent
that causes credit to be wrongfully awarded or denied to
players.
7.15 Video lottery machines shall not be operated or
available for play on Christmas, Easter, or between the hours
of 2:00 a.m. and 1:00 p.m. on Sundays, or between the hours
of 2:00 a.m. and 8:00 a.m. on any day other than Sunday.
DEPARTMENT OF HEALTH AND
SOCIAL SERVICES
DIVISION OF LONG TERM CARE RESIDENTS
PROTECTION
Statutory Authority: 16 Delaware Code,
Section 1101 (16 Del. C. §1101)
Regulation 55.0, Neighborhood Homes for Persons with
Developmental Disabilities
PUBLIC NOTICE
The Department of Health and Social Services (DHSS),
Division of Long Term Care Residents Protection
(DLTCRP), has drafted regulations replacing in their
entirety regulations pertaining to Neighborhood Homes. In
addition to replacing regulations currently enforced by
DLTCRP, these regulations incorporate Certification
Standards enforced by the Division of Developmental
Disabilities Services (DDDS), but not previously
promulgated as regulations. These proposed regulations also
replace the DDDS Certification Standards in their entirety.
The proposed regulations address provisions required of
Neighborhood Homes including general licensing
requirements, provider performance standards, services
required for persons residing in Neighborhood Homes,
environmental, medical, transportation, and safety standards.
INVITATION FOR PUBLIC COMMENT
Public hearings will be held as follows:
Tuesday, July 1, 2003, 9:00 AM
Room 198, Main Building
Herman Holloway Campus
1901 North DuPont Highway
New Castle
Wednesday, July 2, 2003, 10:00 AM
Department of Natural Resources &
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1601
Environmental Control Auditorium
89 Kings Highway
Dover
For clarification or directions, please call Gina
Loughery at 302-577-6661.
Written comments are invited on these proposed
regulations and should be sent to:
Katie McMillan
Division of Long Term Care Residents Protection
3 Mill Road, Suite 308
Wilmington, DE 19806
Written comments will be accepted until the conclusion
of the July 2 public hearing.
LAWS AND REGULATIONS PERTAINING TO
SANITORIA, REST HOMES, NURSING HOMES,
BOARDING HOMES
AND RELATED INSTITUTIONS
NEIGHBORHOOD HOME REGULATIONS
STATE OF DELAWARE
State Board of Health Regulations
adopted pursuant to 16 Del.C. §1109
January 10, 1992, revised and adopted by
the State Board of Health on April 2, 1993
These regulations are effective for all providers whose
licenses expire on January 31, 1993, or thereafter.
TITLE 16 - HEALTH AND SAFETY
PART II, CHAPTER II, SANATORIA, REST HOMES,
NURSING HOMES, BOARDING HOMES, AND
RELATED INSTITUTIONS
Sections:
1101. Definitions
1102. Licensing Requirement
1103. Existing Institutions
1104. Application for License
1105. Inspections
1106. Issuance of Licenses
1107. Suspension or Revocation of Licenses
1108. Renewal of License after Suspension or
Revocation
1109 Regulations
1110. Penalties
1101. Definitions
Sanatorium, rest home, nursing home, boarding home,
and related institutions, within the meaning of this chapter,
mean any institution, building, or agency in which
accommodation is maintained, furnished, or offered for any
fee, gift, compensation or reward for the care of more than
one (1) aged; infirm, chronically ill, adult psychiatrically
disabled, or convalescent person. The word "person" shall
not include mother, father, sister, brother, niece, nephew,
mother-in-law*, father-in-law, sister-in-law, or
brother-in-law of any individual operating a facility under
this chapter.
1102. License Requirement
No person shall establish, conduct or maintain in this
State any sanatorium, rest home, nursing home, or boarding
home for the care of human beings without first obtaining a
license from the State Board of Health.
1103. Existing Institutions
No person may continue to operate an existing
sanatorium, rest home, nursing home, boarding home, or
related institution unless such operation shall be approved
and regularly licensed by the State Board of Health as
provided in this chapter.
1104. Application for License
Application for license to establish, maintain, or operate
a sanatorium, rest home, nursing home, boarding home, or
related institution shall be made to the State Board of Health
on forms provided by the State Board of Health stating that
the applicant is over eighteen (18) years of age, the type of
institution to be operated, the location thereof, and the name
of the person in charge.
1105. Inspections
Every institution for which a license has been issued
under this chapter shall be periodically inspected by a
representative of the State Board of Health.
1106. Issuance of Licenses
(a) Licenses shall be issued in the following categories:
(1) Annual License. An annual license (12
months) may be renewed yearly if the holder is in full
compliance with the provisions of this chapter and the rules
and regulations of the State Board of Health.
(2) Provisional License. A provisional license
shall be granted for a term of ninety (90) days only, and shall
be granted only to a home which, although not in full
compliance, is nevertheless demonstrating evidence of
improvement.
(3) Restricted License. A restricted license shall be
granted for a term of ninety (90) days when the home is not
in compliance with the provisions of this chapter, and does
not demonstrate evidence of improvement. The holder of a
restricted license may not admit patients to the home to
which the restricted license applies during the period of
restriction, but the home may remain in operation until such
license is revoked, expires, becomes annual or provisional.
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1602 PROPOSED REGULATIONS
(b) Fees for issuance and renewal of licenses and
provisional licenses issued pursuant to the provisions of this
chapter shall be established as stated below and shall be
remitted to the General Fund of the State.
(1) Application fees for nursing homes shall be
$250 for nursing homes with 100 beds or fewer, and $375
for nursing homes with more than 100 beds. Application fees
for intermediate care group homes for mentally retarded
persons shall be $50; application fees for neighborhood
group homes shall be $25; application fees for family care
homes shall be $25. The fee must accompany an application
for licensure.
(2) A license, unless sooner suspended or revoked,
shall be renewed annually upon filing by the licensee and a
payment of an annual licensure fee of: $150 for nursing
homes with 100 beds or fewer; $250 for nursing homes with
more than 100 beds; $50 for intermediate care group homes
for the mentally retarded; $25 for neighborhood group
homes; $25 for family care homes.
(3) A provisional or restricted license as
authorized by the State Board of Health shall be issued when
health requirements are not met. Fees shall be the same as
stated in paragraph (2) of this subsection. For health care
facilities that have been issued a provisional or restricted
license, there shall be resubmission of the application fee for
reinspection prior to the issuance of an annual license.
1107. Suspension or Revocation of Licenses
The State Board of Health may suspend or revoke a
license issued under this chapter on any of the following
grounds:
(1) Violation of any of the provisions of this chapter or
the rules or regulations issued pursuant thereto.
(2) Permitting, aiding or abetting the commission of
any illegal act in the institution.
(3) Conduct or practices detrimental to the welfare of
the patient.
Before any license issued under this chapter is
suspended or revoked, thirty (30) days notice shall be given
in writing to the holder of the license, during which time he
may appeal for a hearing before the State Board of Health.
1108. Renewal of License after Suspension or Revocation
If and when the conditions upon the suspension or
revocation of a license are based have been corrected, and
after a proper inspection has been made, a new license may
be granted.
1109. Regulations
The State Board of Health may adopt, amend, or repeal
regulations governing the operation of the institutions
defined in Section 1101 of this Title and shall establish
reasonable standards of equipment, capacity, sanitation, and
any other conditions which might influence the health or
welfare of the residents of such institutions.
1110. Penalties
Whoever operates a sanatorium, rest home, nursing
home, boarding home, or other health related institution
without a license shall be fined not less than Ten Dollars
($10.00) nor more than One Hundred Dollars ($100.00).
Title 16, Chapter 1, Section 107
Whoever refuses, fails or neglects to perform the duties
required under this chapter, or violates, neglects or fails to
comply with the duly adopted regulations or orders of the
Board shall be fined not less than One Hundred Dollars
($100.00) or more than One Thousand Dollars ($1000.00)
together with costs, unless otherwise provided by law.
NEIGHBORHOOD HOME REGULATIONS
The following Regulations were adopted by the State
Board.of Health pursuant to 16 Del. C. §1109 on January 10,
1992 and revised and approved by the State Board of Health
on April 2, 1993.
SECTION 55.0 - DEFINITION
The following standards are designed specifically for
Neighborhood Homes, for five or less persons with mental
retardation, which are licensed by the State Board of Health.
These homes are distinct from Rest (Family Care) Homes
where three or fewer persona live in a home with care and
supervision provided by persons who also reside on the
premises.
These standards address the minimum acceptable level
of living and care conditions for persons with mental
retardation in such facilities. The purpose of these standards
is to provide a sequence of expectations for services
rendered by the Neighborhood Home provider and a system
for Neighborhood Home providers to be accountable to the
State Board of Health, in cooperation with the Division of
Mental Retardation. In addition to these regulations and
where applicable, the provider will be trained in and required
to comply with established Division of Mental Retardation
certification standards.
SECTION 55.1 - GLOSSARY OF TERMS
55.101 Active Treatment - Activities carried out
according to an individualized, written plan to meet that
developmental needs of each client.
55.102 Activities of Daily Living - Activities which
relate to independent functioning and include but are not
limited to getting out of bed, bathing, dressing, eating,
ambulation.
55.103 Client - An individual with mental retardation,
over eighteen years of age, who, with supervision, is capable
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1603
of activities of daily living and self-preservation.
55.104 Division of Mental Retardation - hereafter
referred to as DMR or the Division.
55.105 Licensed Practical Nurse (LPN) - A nurse who
is licensed to practice as a practical nurse pursuant to 24 Del.
C. Chapter 19.
55.106 Neighborhood Home - A home providing
housing and habilitation services to five or fewer persons
with mental retardation and licensed pursuant to section
1101. This.definition does not include ICF/MR programs.
55.107 Neighborhood Home Provider - The individual
or organization responsible for the operation of the
Neighborhood Home.
55.108 Physician - A physician licensed to practice
medicinepursuant to 24 Del. C. Chapter 17.
55.109 Registered Professional Nurse (RN) - A nurse
who is a graduate of an approved school of professional
nursing and who is licensed to practice as a professional
registered nurse pursuant to 24 Del. C. Chapter 19.
SECTION 55.2 - LICENSING REQUIREMENTS AND
PROCEDURES
55.201 When a Neighborhood Home pursuant to these
Regulations plans any physical alteration, two copies of
properly prepared plans and specifications for the entire
home are to be submitted to the State Board of Health. An
approval, in writing, is to be obtained before such work is
begun.
55.202 Separate licenses are required for homes
maintained in separate locations, even though operated by
the same Neighborhood Home Provider. A separate license
is not required for separate buildings maintained by the same
Neighborhood Home Provider on the same grounds. A
license is not transferable from one Neighborhood Home
Provider to another or from one location to another.
55.203 The license shall be conspicuously posted in
the Neighborhood Home.
55.204 All applications for renewal of licenses and
requests for waivers shall be filed with the State Board of
Health at least thirty days prior to expiration. Licenses will
be issued for a period not to exceed one year (12 months)
from the date they are issued.
SECTION 55.3 - GENERAL REQUIREMENTS
55.301 All required records maintained by the
institution shall be open to inspection by the authorized
representatives of the State Board of Health and/or
authorized representatives of the Division of Mental
Retardation.
55.302 The term "Neighborhood Home" shall not be
used as part of the name of any program in this State unless
the home is licensedunder these regulations.
55.303 No Neighborhood Home Provider may adopt
rules that conflict with these regulations.
55.304 The State Board of Health shall be notified, in
writing, of any changes in the Neighborhood Home
Provider, ownership or management.
55.305 The Neighborhood Home Provider shall
establish written policies regarding the rights and
responsibilities of clients that are consistent with DMR
standards, and shall make such policies and procedures
available to clients, guardians, next of kin, sponsoring
agency (agencies), and authorized representatives of the
State Board of Health and the Division of Mental
Retardation.
55.306 Each Neighborhood Home shall provide, with
the admission agreement, to all clients or their sponsors a
complete statement enumerating all charges for services,
materials and equipment which shall, or may be, furnished to
the client during the period of residency.
55.307 Each Neighborhood Home shall make known,
in writing, the refund and prepayment policy at the time of
admission, and in the case of third-party payment, an exact
statement of responsibility in the event of retroactive denial.
SECTION 55.4 - CERTIFICATION BY THE DIVISION
OF MENTAL RETARDATION
55.401 A Neighborhood Home Provider shall be
certified by the Division annually pursuant to Division
standards and procedures.
55.402 Application for certification shall be made on
forms provided by the Division. The application shall be
accompanied by:
a. Policies and Procedures Manual for operation
of the Neighborhood Home,
b. a Table of Organization,
c. a staffing schedule,
d. an operating budget.
55.403 The Division shall measure compliance with its
standards and procedures using a certification instrument.
The certification instrument shall be completed based upon
information from the Neighborhood Home Provider, clients,
their representatives, documents provided to the Division by
the provider, and on-site observations and record reviews by
employees of the Division. The service Neighborhood
Home Provider shall make all documentation and records
deemed necessary by the Division available for the
Division's review and site visits shall be permitted at any
time. The Division shall have the right of access to any
information directly or indirectly related to the service
Neighborhood Home Provider's operation of the
Neighborhood Home. Documents used by the Division for
certification review shall bear the notice that false statements
therein are punishable.
55.404 A Neighborhood Home Provider shall operate
the Neighborhood Home in accordance with the attachments
to the application for certification and the certification
instrument. A Neighborhood Home Provider shall
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1604 PROPOSED REGULATIONS
immediately report any deviations from such operation to the
Division.
55.405 The financial responsibility, financial
condition, business experience, and character and general
fitness of the Neighborhood Home shall reasonably warrant
the belief that the Neighborhood Home Provider will operate
a Neighborhood Home honestly, carefully and efficiently.
The Division may investigate and consider the qualifications
of a service Neighborhood Home Provider to determine
whether the service Neighborhood Home Provider meets this
qualification.
55.406 Revocation of a Neighborhood Home license
shall automatically terminate the service Neighborhood
Home Provider's certification relating to such group home
and shall also terminate the contract, if any, with the
Division for the operation of such home.
55.407 All applications for annual recertification shall
be received bythe Division at least 30 days prior to
expiration and shall be accompanied by the attachments set
forth in Section 55.402.
SECTION 55.5 - PROVIDER QUALIFICATIONS
55.501 No person having a communicable disease
shall be permitted to give care or service. All reportable
communicable diseases shall be reported to the County
Health Officer of tuberculin tests (1) performed annually for
all volunteers and employees and (2) performed on all newly
admitted clients. The tuberculin test to be used is the
Mantoux test containing five tu-PPD stabilized with Tween,
Injected intradermally, using a needle and syringe, usually
on the volar surface of the forearm. Persons found to have a
significant reaction (defined as 10 mm of induration or
greater) to tests shall be reported to the Division of Public
Health and managed according to recommended medical
practice. A tuberculin test as specified, done within the
twelvemonths prior to admission or employment, satisfies
this requirement for asymptomatic individuals. A report of
this skin test shall be kept on file.
(b) Employees, volunteers and clients who do not
have a significant reaction to the initial tuberculin test (those
individuals who have less than 100 mm induration) should
be retested within 7-21 days to identify those who
demonstrate delayed reactions. Tests done within one year of
a previous test need not be repeated in 7-21days.
55.503 The Neighborhood Home Provider shall have
written personnel policies and procedures that adequately
support sound client care and are available on site.
55.504 Neighborhood Home Providers shall ensure
that each employee is thoroughly familiar with assigned
duties and responsibilities.
a) Job descriptions with employee's individual
responsibilities and duties shall be made available on site.
SECTION 55.6 - ENVIRONMENT
55.601 To, the extent compatible with the need for
accessibility, the interior of non-residential buildings shall
resemble the interior of buildings in the community used for
similar purposes in attributes such as functional arrangement
of rooms, furniture and furnishings and décor.
55.602 Heating apparatus shall not constitute a burn or
smoke hazard to clients served.
55.603 There shall be sufficient heating, ventilation,
and light in all living and sleeping quarters to provide a
comfortable atmosphere.
55.604 Neighborhood Homes serving physically
handicapped clients shall be accessible to those physically
handicapped clients according to the appropriate American
National Standards Institute (ANSI) Standards and all other
federal and state standards.
55.605 Neighborhood Home shall be sanitary and free
of offensive odors and free of insects, rodents, and vermin.
55.606 Waste and garbage shall be stored, transferred,
and disposed of is a sinner that does not create a nuisance, or
permit the transmission of disease.
55.607 Stairways, ramps, and open-sided porches shall
have adequate lighting and handrails for safety.
a) Non-skid surfaces shall be used when slippery
surfaces present a hazard.
55.608 All stairways and hallways shall be kept free
and clear of obstructions at all times.
SECTION 55.7 - RESIDENTIAL SERVICES
55.701 The Neighborhood Home Provider(s) and staff
shall be responsible for complying with the regulations
herein contained.
55.702 Furniture and furnishings shall be safe,
comfortable, and in good repair and shall resemble those in
homes in the local community, to the extent compatible with
the physical need of clients.
55.703 Neighborhood Homes shall be furnished with
mirrors, including mirrors that are usable by any client who
uses wheelchairs.
55.704 Storage space for out-of-season clothing shall
be provided in each home.
55.705 There shall be provided one or more areas that
are adequate in size and furnished for dining, recreational
and social activities. At least 30 square feet per client will be
assigned to these areas.
a) When a multi-purpose room is used, it shall
have sufficient space to prevent interference of one activity
with another.
b) Basement space may be used for client
activities if there is a minimum of two (2) fire exits.
55.706 There shall be refrigeration for perishable
foods in the Neighborhood Home.
55.707 Exterminator services shall be required when
there is evidence of any infestation.
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PROPOSED REGULATIONS 1605
55.708 Waste material, cans, rubbish and other litter
shall not be permitted to accumulate on the premises of the
Neighborhood Home.
SECTION 55.8 - SECURITY AND OBSERVATION
55.801 Protective or security features such as fences
and security windows may be used only when justified on
the basis of the needs of clients served and shall preserve as
normal an appearance as possible.
55.802 Doors, walls, and partitions shall not contain
vision panels or other devices to afford observation unless
indicated by the specific needs of all clients who use the
room or area.
SECTION 55.9 - BEDROOMS
55.901 Rooms or other areas of the Neighborhood
Home that are not ordinarily sleeping rooms may not be used
for sleeping purposes.
55.902 Sleeping rooms must be outside rooms and
must provide for quiet and privacy.
a) Adequate electrical outlets shall be
conveniently located in each room with at least one (1) light
fixture switched at the entrance to the bedroom.
55.903 Bedrooms shall have walls that extend from
floor to ceiling, at least one exterior window, and
accommodate no more than two clients.
55.904 Multiple-bed bedrooms shall provide at least
75 square feet per client.
55.905 Single-bed bedrooms shall contain at least 80
square feet.
55.906 Bedrooms shall contain additional space as
needed for bedside assistance and to accommodate the use
and storage of mobility devices and prosthetic equipment.
55.907 If a bedroom is below grade level, it must have
a window that:
a) Is usable as a second means of escape by the
client(s) occupying the room; and
b) Is no more than 44 inches (measured to the
window sill) above the floor unless the facility is surveyed
under the Health Care Occupancy Chapter of the Life Safety
Code, in which case the window must be no more than 36
inches (measured to the window sill) above the floor.
55.908 The Neighborhood Rome shall contain
sufficient storage spaces to accommodate all in-season
clothing of each client;
55.909 and storage space for personal items; to include
minimally closet space and two drawers in a chest of
drawers.
55.910 and sufficient seating and flat surfaces to allow
each client to perform tasks or pursue leisure interests.
55.911 Each client shall have a bed suitable for his or
her physical stature and condition.
55.912 Mattresses, bedding and pillows shall be clean
and provide comfort and sufficient warmth.
55.913 Hospital-type beds, the absence of pillows, flat
pillow, the use of plastic or other materials to keep beds and
pillows dry, or other departures from the normalization
principle shall be justified in each case in the client's record.
55.914 There shall be a sturdy bedside stand, chair,
and reading light for the client.
55.915 Each bedroom window shall have a window
treatment that closes for privacy.
SECTION 55.10 - BATHROOMS
55.1001 There shall be private toilet facilities with a
shower or tub in each Neighborhood Home. These facilities
shall be accessible to the client according to his/her client
needs as documented in the Client Program Plan (IPP).
a) Traffic to and from any room shall not be
through a bedroom or bathroom except where a bathroom
opens directly off the room it serves.
b) There shall be at least one (1) window or
mechanical ventilation to the outside of the bathroom.
c) Toilets, bathing and toileting appliances shall
be equipped for use by physically handicapped clients, as
dictated by the clients' needs.
d) There shall be at least one (1) toilet of
appropriate size for each four (4) clients:
1. Each toilet shall be equipped with a toilet
seat.
2. Toilet tissue shall be readily accessible at
each toilet.
e) There shall be at least one (1) wash basin for
each four (4) clients.
f) There shall be at least one (1) tub or shower for
each four (4) clients.
g) Wash basins shall be available in or
immediately adjacent to bathrooms and/or toilet rooms.
h) Shower and tub areas shall be equipped with
substantial hand-grip bars and slip-resistant surfaces.
i)
for personal grooming. Mirrors shall be installed is such a
way as to minimize the danger of breakage.
Bathroom areas shall be equipped with mirrors
SECTION 55.11 - SAFETY AND SANITATION
55.1101 The Neighborhood Home shall comply
with governmental safety and sanitation regulations.
55.1102 The Neighborhood Home's program must
be in compliance with all applicable provisions of Federal,
State -and local laws, regulations and codes pertaining to
health, safety, sanitation, and plumbing.
55.1103 Requirements of the current edition of the
National Fire Protection Association's Life Safety Code shall
be met in all buildings used by the clients.
55.1104 The Neighborhood Home shall maintain
records and reports of periodic fire safety, health, sanitation,
and environmental inspections required by local and state
laws and regulations.
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1606 PROPOSED REGULATIONS
55.1105 The Neighborhood Home shall document
actions taken to correct deficiencies noted in these reports.
55.1106 The Neighborhood Home shall provide
adequate clean linen and dirty linen storage areas.
55.1107 Hot water at shower, bathing and
handwashing facilities shall not exceed 110 degrees F. (43
degrees C).
55.1108 The Neighborhood Home Provider shall
prepare written policies that outline maintenance (including
electrical maintenance) and cleaning procedures, storage of
cleaning materials and/or pesticides and other potentially
toxic materials.
55.1109 There shall be separate areas of storage of:
a) Food items.
b) Cleaning agents, disinfectants and polishes.
c) Poisons, chemicals and pesticides.
d) Eating, serving and cooking utensils.
SECTION 55.1200 - EMERGENCIES AND
DISASTERS
55.1201 The Neighborhood Home shall have a
minimum of two means of egress.
55.1202 The Neighborhood Home shall have an
adequate number of UL approved smoke detectors in
working order.
a) In a single level Neighborhood Home, a
minimum of one smoke detector shall be placed between the
bedroom area and the remainder of the Neighborhood Home.
b) In a multi-story Neighborhood Home, a
minimum of one smoke detector shall be on each level. On
levels which have bedrooms, the detector shall be placed
between the bedroom area and the remainder of the
Neighborhood Home.
55.1203 There shall be a two and one-half to five
pound ABC Fire Extinguisher in the Neighborhood Home
that is readily accessible and visible. Extinguisher is to be
checked annually.
55.1204 The Neighborhood Home Provider shall
have written procedures for meeting all emergencies and
disasters such as fire, severe weather, and missing persons
and such procedures shall be communicated to all staff.
55.1205 The procedures shall assign specific
personnel to specific tasks and responsibilities.
55.1206 The procedures shall contain instructions
related to notification procedures and to the use of alarm and
signal systems to provide for alert to clients according to
their disability, visual signals with alarms where there are
clients who cannot hear.
55.1207 Evacuation routes and the location of
fire-fighting equipment shall be posted in areas used by the
public as required by the Life Safety Code and state and
federal regulations. Thenumber and placement of postings
are otherwise dictated by building use and configuration and
by the needs of clients and staff.
55.1208 The Neighborhood Home shall maintain
an adequate communication system to ensure that on and
off-duty personnel and local fire and safety authorities are
notified promptly in the event of an emergency or disaster.
55.1209 The telephone numbers of the nearest
poison control center and the nearest source of emergency
medical services shall be posted.
55.1210 Provisions shall be made for emergency
auxiliary heat and lighting by means of alternate sources of
electric power, alternate fuels, and stand-by equipment, or
arrangements with neighbors or other agencies.
SECTION 55.1300 - EVACUATION DRILLS
55.1301 Evacuation drills shall be held quarterly
for each shift of Neighborhood Home personnel. Drills shall
be held on different days of the week. Drills shall be held at
different times of the day, including times when clients are
asleep.
55.1302 During drills, clients shall be evacuated to
safe areas, unless their ability to evacuate independently has
been documented, or unless actual evacuation would
endanger the health or safety of those clients.
55.1303 As evidenced by evacuation drill reports
that are maintained by the Neighborhood Home, drills shall
assure that all clients and staff are familiar with the
evacuation requirements and procedures. Any problems
clients have evacuating a building during a drill shall result
in a written plan of specific corrective action(s) to be taken.
55.1304 Clients who are unable to achieve the exit
schedule prescribed by accepted standards with available
assistance shall be either relocated or provided with
additional assistance.
SECTION 55.1400 - TRANSPORTATION
55.1401 The transportation system operated by, or
under contract to, the Neighborhood Home shall meet local
and state licensing, inspection, insurance, and capacity
requirements.
55.1402 Vehicles used to transport clients with
physical disabilities shall be adapted to their needs.
55.1403 Drivers of vehicles shall have valid and
appropriate drivers' license.
55.1404 Emergency transportation shall be
available on a 24-hour basis.
SECTION 55.1500 - MEALTIMES
If meals are served:
55.1501 Dry or staple food items shall be stored at
least four inches above the floor in a ventilated room that is
not subject to waste water backflow or to contamination by
condensation or leakage.
55.1502 The Neighborhood Home's meal and menu
planning shall be supervised by a registered dietitian or
nutritionist or by an experienced person who consults a
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1607
registered dietitian or nutritionist at least quarterly.
55.1503 Clients shall be offered opportunities for
choices in food selection.
55.1504 Menus and records of foods actually
served shall be retained for a period of three months.
55.1505 Foods served shall provide for sufficient
amounts of food for meals and snacks and a sufficient
variety on a daily, weekly, monthly, and seasonal basis.
55.1506 Meals shall be served so that they are
flavorful, attractive in appearance, at appropriate serving
temperature, and have preserved their nutritional value.
55.1507 The daily diet for each client shall include
a minimum of three balanced meals a day with food from the
four basic food groups.
55.1508 Nutritional intake of clients receiving a
medically prescribed modified diet shall be followed,
reviewed and monitored by a nurse, dietitian or other
medical personnel as appropriate.
55.1509 Clients shall eat in an upright position or
in a position that is medically indicated.
55.1510 There shall be refrigeration for perishable
foods in the Neighborhood Home.
a) There shall be at least one-refrigerator and one
unit, in proper working order and capable of maintaining
frozen foods in the frozen state and refrigerated foods at
45°F or below.
55.1511 There shall be at least one four-burner
range and one oven (or combination thereof), which is in
proper working order.
55.1512 There shall be a dishwasher, or facilities
for performing a wash, rinse, and a final sanitizing rinse.
55.1513 There shall be at least one operable
window or exhaust system for removal of smoke, odors, and
fumes.
SECTION 55.1600 - MEDICAL AND HEALTH CARE
55.1601 Genetic medical services,including a
physician and dentist, shall be identified.
55.1602 There shall be written policies on physical
examinations for clients.
55.1603 Physical examinations and dental
evaluations shall be made least annually.
55.1604 Upon confirmation of reportable disease,
the appropriate Health Officer of the Division of Public
Health shall be notified by the Neighborhood Home
Provider.
55.1605 The Neighborhood Home Provider shall
insure transportation including for emergency medical
treatment in the event of an emergency with a client.
55.1606 The Neighborhood Home Provider shall
provide or arrange transportation for the client's routine
medical and dental care.
SECTION 55.1700 - MEDICATIONS
55.1701 Clients receiving medication shall be
trained to take their own medication, where possible.
55.1702 Providers who have successfully
completed a Board of Nursing approved medication training
program may assist clients in the taking of medication,
provided that the medication is in the original container and
properly labeled. The medication must be taken exactly as
indicated on the label. The Neighborhood Home Provider
shall maintain a record of all medications taken.
55.1703 No Prescription medication shall be
administered to a client without a written order by a
physician or other legally authorized person.
55.1704 Injectable medication shall only be
administered by registered nurses or licensed practical
nurses.
55.1705 The client's response to prescribed
medication shall be evaluated by the DMR nurse consultant
or private nurse consultant or physician.
55.1706 The Neighborhood Home Provider shall
assist the client in reporting side effects to the physician who
prescribed the medication. Suspected drug reactions shall be
noted in the medication record.
55.1707 Medication errors shall be immediately
reported by the Neighborhood Home staff to the physician.
55.1708 A three-day supply of medication shall be
available at all times. All medication must be stored in its
original container either from the pharmacy or manufacturer
with the proper label and specific directions for
administration.
55.1709 The Neighborhood Home Provider shall
be responsible for the storage of medication. Medication
shall be stored under proper conditions of temperature, light,
humidity and ventilation. Room temperature acceptable for
medication storage is between 59° and 86°F.
55.1710 Medications requiring refrigeration shall
be kept in a separate locked box within the refrigerator. A
temperature monitoring device shall be used and the
temperature shall be maintained between 36° and 46°F.
55.1711 Medications not in possession of clients
shall be kept in a locked cabinet by the person in charge in a
manner so that they are not accessible to unauthorized
personnel.
55.1712 A medication record shall be maintained
for each client. The record shall show the name and strength
of each medication being consumed by the client. Each dose
consumed shall be recorded by date, time, and initials of
person assisting.
55.1713 Documentation of medication errors and
corrective action taken is maintained by the Neighborhood
Home.
55.1714 A supply of over-the-counter medication
may be stocked by the Neighborhood Home. However, the
use of those medications must be authorized by the client's
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1608 PROPOSED REGULATIONS
physician in writing.
SECTION 55.1800 - CLIENT RECORDS
55.1801 A cumulative record containing all
information and documents necessary for the provision of
needed service(s) shall be maintained chronologically by or
for each client.
55.1802 The record shall be readily accessible to
those who require such access in order to provide services as
described in the client's plan.
55.1803 All information concerning a client served,
including information contained in an automated data bank,
is confidential and access shall be limited to staff who need
to see the record, or to persons specifically authorized by the
client or legally qualified representatives.
55.1804 Entries in a client's record referring to
actions with another client shall be coded in such a way as to
protect the confidentiality of the clients served.
55.1805 The Neighborhood Home shall be
responsible for the safekeeping of each client's record and
for securing it against loss, destruction, or use by
unauthorized persons as evidenced by policies and practices.
55.1806 The record may be removed from the
Neighborhood Home Provider's jurisdiction and
safe-keeping only in accordance with a court order,
subpoena, or statute.
55.1807 The record shall be retained for the period
of time required by state law.
SECTION 55.19 - WAIVERS OT STANDARDS
55.1901 Specific standards may be waived by the
State Board of Health so long as each of the following
conditions are met:
a. Strict enforcement of the standard would result
in unreasonable hardship on the Neighborhood Home
Provider.
b. The waiver is in accordance with the particular
needs of the client.
55.1902 A waiver must not adversely affect the
health, safety, welfare, or rights of any client.
55.1903 The request for a waiver must be made to
the State Board of Health in writing by the Neighborhood
Home Provider with substantial detail justifying the request.
55.1904 A waiver granted by the State Board of
Health is not transferable to another Neighborhood Home
Provider in the event of a change in ownership.
55.1905 A waiver shall be granted for the term of
the license.
55.1906 Client capacity for a Neighborhood Home
may be waived from five to six clients where the physical
plant, staffing, and client needs justify such an increase.
SECTION 55.20 - SEVERABILITY
55.2001 Should any section, sentence, clause or
phrase of these regulations be legally declared
unconstitutional or invalid for any reason, the remainder of
said regulations shall not be affected thereby.
SECTION 55.0 - PURPOSE
The following regulations are designed specifically for
Neighborhood Homes, for five or fewer persons with
developmental disabilities, which are licensed by the
Division of Long Term Care Residents Protection. These
homes are distinct from Rest (Family care) Homes where
three or fewer persons live in a home with care and
supervision provided by persons who also reside on the
premises.
These regulations address the minimum acceptable level
of living conditions and supports for persons in
Neighborhood Homes. The purpose of these regulations is
to provide a sequence of expectations for services rendered
by the Neighborhood Home provider and a system for
Neighborhood Home providers to be accountable to the
Division of Long Term Care Residents Protection
(DLTRCP) and the Division of Developmental Disabilities
Services (DDDS).
SECTION 55.1 - DEFINITIONS
55.101 Action Plan - The portion of the Essential
Lifestyle Plan (ELP) that lists, and is used to track, those
desired outcomes which are important to a person.
55.102 Annual Conference - The yearly
interdisciplinary team meeting held with the person served
and his/her family to develop or update the ELP after a
review of the various assessments done on the person and
discussion with the individual as to his/her aspirations and
desires. The annual conference must be held within 30 days
of the initiation of DDDS funded residential services and be
held no more than 365 days from the previous annual
conference.
55.103 Assessment - The process of gathering
information to describe what been learned about a person,
and what others need to know or to do to support the person
in attaining a healthy, safe and meaningful life.
55.104 Behavioral Support Plan - A written plan
detailing individual support measures that is developed
based on the findings of a functional assessment.
55.105 Behavioral Support Review Committee - A
committee assigned to review behavioral intervention
strategies and behavioral support plans containing support
procedures.
55.106 Choice - The process by which people make
selections from an array of options which are within the
context of Division of Developmental Disabilities Services
(DDDS) policies and all applicable state and federal laws
and regulations intended to safeguard the person and the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1609
rights of others.
55.107 Emergency Behavioral Interventions - A set of
DDDS sanctioned procedures available to manage an
unanticipated event such as severe aggression or severe
property destruction that places the individual or others in
imminent danger of physical harm.
55.108 Essential Lifestyle Plan (ELP) - The type of
individualized support plan used by the Division of
Developmental Disabilities Services. A result of a system of
person-centered planning, the ELP outlines how a person
wants to live service-related issues which need to be
addressed as well as a plan of action for achieving expressed
lifestyle choices and adequately addressing service-related
issues.
55.109 Evaluation - An assessment process performed
by professionals, according to standardized procedures, that
incorporates the use, when possible, of standardized tests
and measures in addition to informal and observational
measures.
55.110 Goals - Desired outcomes that provide the
framework upon which service and support actions are
based.
55.111 Human Rights Committee (HRC) - A body of
individuals composed, primarily or in whole, of impartial
members with no direct affiliation with the Division of
Developmental Disabilities Services (DDDS), and whose
role is to serve as a monitoring agent to safeguard the rights
and personal dignity of persons served by DDDS.
55.112 Incident - An occurrence or event, a record of
which must be maintained in provider's files, that results or
might result in harm to a resident. Incident includes alleged
abuse, neglect, mistreatment and financial exploitation;
incidents of unknown source which might be attributable to
abuse, neglect or mistreatment; all deaths; falls; and errors
and omissions in medication/treatment. (Also see
Reportable Incident, 55.123.)
55.113 Individual Records - Those records pertaining
to a person served which are essential for effective
individual planning, plan implementation, establishing and
maintaining a personal history of the person, and for
protecting legal rights of the person, the agency and the
agency staff.
55.114 Interdisciplinary Team - Also known as
"Treatment Team" or "Team," this is a group consisting of
those who are knowledgeable about the person served,
whose participation is required to identify the supports the
person wants and/or needs so as to help him/her achieve a
healthy, safe and meaningful life.
55.115 Intrusive - The unwanted or uninvited
introduction of procedures or other people/staff into the lives
or daily routines of persons served which is found
bothersome by the person and which causes a perceived
interference with the life and/or daily routines of the person.
55.116 Least Restrictive - Descriptive of services and
treatments that are delivered with a minimum of limitation,
intrusion, disruption or departure from commonly accepted
patterns of living in the community.
55.117 Neighborhood Home - A single-unit house
providing residential and support services to five or fewer
people and licensed pursuant to 16 Delaware Code, §1101.
This definition does not include ICF/MR programs.
55.118 Neighborhood Home Provider - An individual
or organization responsible for the operation of the
Neighborhood Home.
55.119 Outcomes -The major expectations and desired
achievements for people's lives. The accompanying
supports that are developed should reflect what people
expect from the services and assistance they receive in order
to reach their desired outcomes.
55.120 Person/People/Individual/Resident - Terms
used throughout these regulations that identify someone
receiving services and supports in a Neighborhood Home.
55.121 Physical Environment - Those locations in
which the individual lives, works, recreates or receives
services.
55.122 Physical Restraint - Approved manual methods
that restrict the movement of the individual or the normal
functioning of an individual's body or portion of the body.
55.123 Reportable Incident - An occurrence or event
which must be reported at once to the Division of
Developmental Disabilities Services (DDDS) and for which
there is reasonable cause to believe that a resident has been
abused, neglected, mistreated or subjected to financial
exploitation. Reportable incident also includes an incident
of unknown source which might be attributable to abuse,
neglect or mistreatment; all deaths; falls with injuries; and
significant errors or omissions in medication/treatment
which cause the resident discomfort or jeopardize the
resident's health and safety. DDDS will forward the report to
the Division of Long Term Care Residents Protection
(DLTCRP). (Also see Incident, 55.112.)
55.124 Rights Restriction - The limitation, disruption
or constraint of a person's freedom to engage in activities
generally allowed to others in society. Such is permissible
only on a case-by-case basis and when there has been due
process, official approval received and the need for such
documented.
55.125 Safety - The absence of recognizable hazards
in the design, construction and maintenance of any
component of the physical environment including equipment
and the establishment of procedures to evaluate and to
reduce risks of physical harm.
55.126 Sanitation - The promotion of hygiene and
prevention of disease by the maintenance of uncontaminated
conditions.
55.127 Screening - The initial part of the assessment
process which is of limited scope and intensity and is
designed to determine whether further evaluation or other
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1610 PROPOSED REGULATIONS
intervention is indicated.
55.128 Supplemental Plans - Detailed instructions or
preparations needed to support an outcome or opportunity.
Types of such plans include learning, motivating, achieving
a personal goal and gaining a new opportunity.
Supplemental plans are used to outline a course of action in
an effort to accomplish an outcome or provide an
opportunity which has been identified in the action plan.
55.129 Support - A broad term used to refer to those
methods designed to help an individual achieve a meaningful
life and to function to his/her fullest capacity.
55.130 Support Coordinator - The staff person
responsible for monitoring and coordinating all activities in
implementing the person's plan.
55.131 Target Behavior - A behavior to be changed. A
target behavior may be selected because it represents either a
behavioral deficit, an excess or one not culturally normative.
55.132 Transfer - Movement of a person from one
program, service or residence to another within DDDS.
SECTION 55.2 - LICENSING AND GENERAL
REQUIREMENTS
55.201 When a Neighborhood Home pursuant to these
regulations plans any physical alteration, one copy of
properly prepared plans and specifications for the entire
home shall be submitted to the Division of Long Term Care
Residents Protection (DLTCRP). The Neighborhood Home
shall receive written approval of the plans before any work is
begun.
55.202 Separate licenses are required for separate
homes, regardless of their proximity, even though operated
by the same Neighborhood Home provider. A license shall
not be transferred from one provider to another or from one
location to another.
55.203 The license shall be conspicuously posted in
the Neighborhood Home.
55.204 All applications for renewal of licenses shall be
filed with DLTCRP at least thirty days prior to expiration.
Licenses shall be issued by DLTCRP for a period not to
exceed one year (12 months) from the date they are issued.
55.205 All required records maintained by the
Neighborhood Home shall be open to inspection by the
authorized representatives of DLTCRP and DDDS.
55.206 The term "Neighborhood Home" shall not be
used as part of the name of any program in this State unless
the home is licensed under these regulations.
55.207 No Neighborhood Home provider shall adopt
rules that conflict with these regulations.
55.208 DLTCRP shall be notified in writing of any
changes in the ownership or management of a Neighborhood
Home.
55.209 Each Neighborhood Home provider shall
provide with the admission agreement, to all persons or their
family member/guardian, a complete statement enumerating
all charges for services, materials and equipment which
shall, or may be, furnished to the person during the period of
residency.
55.210 Each Neighborhood Home provider shall make
known, in writing, the refund and prepayment policy at the
time of admission, and in the case of third-party payment, an
exact statement of responsibility in the event of retroactive
denial.
SECTION 55.3 - NEIGHBORHOOD HOME
PROVIDER PERFORMANCE STANDARDS
55.301 The Neighborhood Home provider shall have a
written statement of its mission, values and goals which
defines the agency's proactive commitment to helping
people live the lifestyle they choose and fosters the least
restrictive alternatives of supports and services.
55.302 The Neighborhood Home provider shall have
written policies and procedures that delineate how the civil
rights of the people served are to be ensured.
55.303 The Neighborhood Home provider shall have a
written procedure to handle appeals of decisions made by the
provider from people receiving services, their advocates,
legal guardians and families. The procedures shall include
the use of the Appeal to DDDS Decisions policy.
55.304 The Neighborhood Home provider shall have a
written policy that defines and prohibits abuse, neglect,
mistreatment, misappropriation of property and significant
injury of persons served and a procedure for initiating
intervention in all such cases whether the alleged incident
occurred within or outside of the Neighborhood Home. The
provider shall comply with the provisions of Department of
Health and Social Services (DHSS) Policy Memorandum
#46 by reporting all instances of abuse, neglect,
mistreatment, misappropriation of property or significant
injury and the requirements for other reportable incidents.
(See 55.123.)
55.305 The Neighborhood Home provider shall have a
written policy and procedures for protecting the financial
interests of people served.
55.306 The Neighborhood Home provider shall review
its written policies and procedures at least annually to ensure
that they are in compliance with the requirements of the
applicable laws and regulations. Copies of all relevant
policies and procedures shall be made available to persons
served or their families at any time and be available to any
party upon request.
55.307 The Neighborhood Home provider shall
maintain a current table of organization identifying its
operational elements and programs and administrative
personnel and illustrating lines of authority, responsibility a
communication. This document shall be shared with
provider staff.
55.308 The Neighborhood Home provider's chief
executive officer shall designate an employee to assume
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1611
management responsibility during his or her absence. All
employees shall be informed of who has such responsibility
at any given time and who is to be contacted in the event of
an emergency.
55.309 The Neighborhood Home provider shall
comply with the policies of the Department of Health and
Social Services (DHSS) Human Subjects Review Board with
regard to conducting research involving people served.
55.310 In all provider activities and references,
including name, language of staff, internal documents and
communication to the public, the language used shall reflect
the Neighborhood Home provider's program, its purposes
and promote respect and a positive image of the people
served and the staff who support them.
55.311 Services shall be provided to people who are
otherwise eligible without regard to disability, gender, age,
sexual orientation, race, religion, marital status or ability to
pay.
55.312 The Neighborhood Home provider shall not
employ individuals under the age of 18.
55.313 The Neighborhood Home provider shall obtain
the results of each employment applicant's drug screening
for the following drugs
a. Marijuana/cannabis
b. Cocaine
c. Opiates including heroin
d. Phencyclidine (PCP)
e. Amphetamines
f. Barbiturates
g. Benzodiazepene
h. Methadone
i. Methaqualone
j. Propoxyphene
55.314 The Neighborhood Home provider shall
complete a state and federal criminal background check for
each employment applicant through DLTCRP.
55.315 The Neighborhood Home provider shall ensure
that each employee is thoroughly familiar with assigned
duties and responsibilities. Job descriptions with
employees' individual responsibilities and duties shall be
made available on site.
55.316 Orientation and training shall be provided to all
employees in accordance with the training policy of DDDS
and shall be documented, continuously updated and made
available for review upon request.
55.317 The Neighborhood Home provider shall ensure
that staff training is relevant to the support needs of the
people served and shall continuously evaluate training
effectiveness by assessing employees' demonstrated
competencies and by modifying training programs
accordingly.
55.318 The Neighborhood Home provider shall
provide each person with an oral and written summary of
his/her rights and an explanation of how to exercise those
rights in easily understandable language. This review shall
be documented in the person's record and shall occur at least
annually. The rights of a person shall not be restricted
without due process; any restrictions, including the need for
guardianship, shall be reviewed at least annually. All
investigations into alleged violations of individuals' rights
and the actions taken to intervene in such situations shall be
documented.
55.319 Each Neighborhood Home provider shall have
its own human rights committee or shall participate in a
system-wide human rights committee. Each human rights
committee shall be responsible for assuring that people's
rights are supported and shall be approved by the Division of
Developmental Disabilities Services. Human rights
committees shall comply with DDDS minimum standards of
operations of such committees, and their decisions
concerning persons served by DDDS shall be subject to the
review and approval of the DDDS human rights committee.
55.320 Each human rights committee member shall be
provided with a written explanation and training in the
committee's duties and responsibilities. Any member who
has been involved in the development, review or approval of
a matter before the committee shall be excluded from
decision-making related to that matter.
55.321 The Neighborhood Home provider shall
safeguard and maintain records regarding the funds of
people receiving services and support their efforts towards
independence/self-management of those funds. Requests to
the contrary, other than from the person's legal guardian (of
property), shall require a recommendation of the
Interdisciplinary Team, accompanied by substitute
safeguards, with approval from the Director of the DDDS
Community Services or Special Populations program. Such
actions shall be documented in the person's record. The
financial records shall be available on request to the person,
his/her legal guardian (of property) or other individuals or
entities authorized by DDDS.
55.322 Funds for one person shall not be commingled
with the funds of another person. People shall have
community bank accounts in their own names unless
otherwise indicated by them or their legal guardian of
property.
55.323 The person and his/her family, guardian, or
fiscal representative/representative payee shall be counseled
when large balances begin to accrue or when financial issues
may affect the individual's eligibility for benefits or
services.
SECTION 55.4 - PERSONS' SERVICES AND
SUPPORTS
55.401 To the greatest extent possible, the person
chooses where and with whom he/she shall live.
55.402 With due regard to each individual's right to
privacy and as agreed upon by the person served, the
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1612 PROPOSED REGULATIONS
person's family, guardian, advocates, spouse and friends
shall be encouraged to visit the person in his/her
Neighborhood Home. Visits shall occur at reasonable times
and may be without prior notice.
55.403 The Neighborhood Home provider shall
facilitate frequent informal visits by persons to the homes of
their families and friends in accordance with each party's
desire.
55.404 People shall be provided with opportunities
and supports to develop and maintain social relationships, to
perform different social roles and to participate in the life of
their community, including attending and participating in
religious activities of their choice. Wherever possible,
supports shall be adapted to the cultural background,
language and ethnic origin of the person.
55.405 People shall receive support and instruction as
appropriate to exercise the rights and responsibilities of
citizens such as voting, employment, consumer affairs, law
enforcement, paying taxes or consulting an attorney.
55.406 People shall be supported in receiving
advocacy and/or legal services as needed.
55.407 People shall receive support and instruction in
recognizing and respecting the rights of others as reciprocal
to their own.
55.408 If a person is represented by a legal guardian or
a substitute decision maker (as defined in the DDDS Consent
Policy), such shall be documented in the individual plan; and
efforts shall be made to ensure that the person receives
continued education, instruction and support to exercise his/
her rights and make informed decisions.
55.409 People shall decide when and with whom they
wish to share personal information. Prior to the release of
information, including the person's name or photo, a written
consent shall be signed by the person (unless legally
adjudicated to need a guardian), a parent (if the person is a
minor), or by a substitute decision maker in accordance with
DDDS policy on confidentiality and release of information.
The consent shall minimally include:
a. The designation of time limit with a maximum
of 365 days;
b. The person to whom the information is to be
released;
c. The exact information to be released;
d. The stipulation that consent may be rescinded
at any time.
55.410 People shall be supported to exercise choice,
including but not limited to choice in the following:
a. Clothing and personal possessions;
b. Telephone use with privacy available;
c. Time, space and opportunity for privacy;
d. Opening mail addressed to them unless other
arrangements are expressly made;
e. Deciding when and where to go unless
otherwise indicated in their plan;
f. Deciding who will assist them with personal
hygiene;
g. Participation in household responsibilities.
55.411 People shall be supported to bathe with the
maximum independence and privacy.
55.412 People who are incontinent shall be bathed or
cleansed immediately upon voiding or soiling. All soiled
items shall be changed immediately.
55.413 Each person shall have an Essential Lifestyle
Plan written in terms that are understandable to all, where
the person's goals, dreams and aspirations are stated and
defined. The person, with the support of the team, shall
determine when and how to measure success and attainment
of his/her desired outcomes; and such criteria shall be
defined in the Essential Lifestyle Plan, as applicable.
55.414 The person's plan shall include financial
planning which takes into account the person's resources,
assets and benefits in conjunction with his/her personal
goals.
55.415 For each person, an interdisciplinary team
including the support coordinator and specific people
responsible for obtaining services and implementing the
support plan, shall be clearly defined. Staff of all
Neighborhood Home providers providing any component of
service or support shall take an active role in assuring
effective communication and overall support coordination.
55.416 The support coordinator shall monitor, review,
analyze, observe the implementation and document all
components of a person's plan at least monthly.
55.417 If the monthly review determines the need for
any action, such action shall be taken in a timely manner by
the appropriate team member.
55.418 The support coordinator shall assist the person
in locating and obtaining those services and supports
identified by the team and shall assist the person in assuming
management of those activities for which the person has
demonstrated management capacity and/or expressed an
interest.
55.419 The support coordinator shall elicit the
person's preferences and respect those preferences when
they are consistent with the rights and well-being of the
person and of others.
55.420 The support coordinator shall facilitate the
transfer of the person to another service, service location or
service provider when the person desires such a transfer and
such is consistent with the person's plan.
55.421 The initial plan and subsequent plans are
developed, at the discretion of the person and/or the
guardian, with the active participation of the following:
a. The person;
b. Support staff who know and care about the
person;
c. Professionals and others with the expertise to
design and review elements of the plan, including those who
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1613
provide supports or treatment.
d. The person's family, guardian, advocate or
friends.
55.422 The person's plan shall be reviewed by his/her
team as often as the person decides, but at least yearly (365
days) in conjunction with the person's annual conference or
when significant changes occur, to determine the need to
continue, revise or terminate services and supports. Any
applicable information, including previous plans, shall be
reviewed for possible inclusion in the current plan.
55.423 Plans shall be implemented within 30 days of
the development of an initial plan and within 30 days of each
subsequent annual conference. The initial plan shall be
revised within 60 days of initiation of Neighborhood Home
services.
55.424 Supplemental plans shall be in place as
required by the person's action plan, and shall be based on
the person's learning styles.
55.425 Reassessments for those persons receiving
services, including direct or indirect clinical services, shall
be completed annually in preparation for the annual
conference or when there is an indication of need.
Reassessments shall be available in preparation for the
person's annual conference.
55.426 Meetings concerning the person shall be
scheduled at a date, time and location suitable for all team
members, especially the person and his/her parents, guardian
and/or advocate.
55.427 The Neighborhood Home provider's policies
and practices relative to behavioral supports, as evidenced in
writing and in ongoing activities, shall be congruent with the
policies and practices of DDDS and emphasize positive
approaches and behavioral interventions.
55.428 The Neighborhood Home provider shall have
its own, or use the DDDS behavioral support committee
which shall include:
a. Persons qualified to evaluate published
behavioral support research studies and the technical
adequacy of proposed behavioral support interventions;
b. Medical and other professionals qualified to
evaluate proposals for the use of interventions to manage
behavior.
55.429 Prior to the use of behavioral intervention
strategies, and absent a crisis situation or psychiatric
emergency requiring an immediate response, the following
activities shall take place:
a. The physical and social environments shall be
analyzed to determine their role in contributing to the target
behavior;
b. The necessary modifications shall be made to
the environment based on that analysis;
c. Medical treatment shall be obtained for any
possible physiological cause of the behavior; and
d. The treatment team shall discuss and document
the risk/benefits of the proposed procedure.
55.430 Prior to the use of behavioral intervention
strategies, persons who will implement behavioral support
procedures shall have been trained in the procedures
specified in the person's plan.
55.431 People receiving services shall not discipline
other people receiving services.
55.432 When food is used in a behavioral support
plan, good health and nutritionally adequate dietary practices
shall be followed.
55.433 The behavioral support plan shall be designed
to replace self-limiting behaviors by understanding their
purpose or function and by subsequently teaching
functionally equivalent behaviors and promoting existing
adaptive behaviors to serve the same function.
55.434 Procedures for altering target behaviors shall
not be implemented in the absence of target behaviors, in
retribution, for the convenience of the staff, as a
consequence of insufficient staff or in the absence of positive
behavioral support.
55.435 Emergency behavioral interventions, in
accordance with Division of Developmental Disabilities
Services policies, shall only be used as a last resort to
manage an unanticipated and already occurring event which
is placing an individual in imminent danger of physical or
emotional harm.
55.436 Prior to the implementation of a written
behavioral support plan incorporating the use of a restrictive
or intrusive technique:
a. The Neighborhood Home provider shall
document that acceptable informed consent has been
obtained;
b. The behavioral support plan has been reviewed
and approved by a behavioral support committee; and
c. The behavioral support plan has been reviewed
and approved by a human rights committee.
55.437 Restraint procedures shall be designed to use
the minimum amount of restraint necessary to safely manage
the person's behavior in order to avoid physical injury to a
person and to minimize any possible physical or
psychological discomfort.
55.438 Physical restraint shall be used only until the
individual is no longer dangerous to him/herself or others
and shall be ended immediately if a person begins to exhibit
signs of medical distress.
55.439 Only devices specified in the written
behavioral intervention strategy shall be used to restrain the
individual; and mechanical restraint devices shall be
inspected before and after each use to ensure that they are
clean and in good repair.
55.440 The monitoring requirement for the restraint
procedure shall be specified in the behavioral support plan.
The record shall document the time of the institution of the
mechanical restraint, the time of release and the time interval
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1614 PROPOSED REGULATIONS
that the person was in restraints, as indicated in the
individual plan.
55.441 Rooms used as time-out rooms shall be
ventilated, well lit and free from safety hazards.
55.442 The ability of a person to exit a time-out room
shall not be prevented by key locks, and time-out rooms
shall allow for the immediate entry of staff. The person shall
be observable, and the device used to secure the exit shall
automatically disengage in the absence of staff.
55.443 Each behavioral support plan utilizing drugs to
manage behavior or a psychiatric condition shall:
a. Include a risk/benefit analysis which identifies
all potential harmful effects of the drugs in non-technical
terms;
b. Specify provisions for at least a quarterly reevaluation
of the continuation of drug use, consideration of
reduction or elimination of the drugs or change to less toxic
drug(s);
c. Include alternative supports; and
d. Be discussed with the person/guardian
regarding the rationale for such treatment and the risks/
benefits involved.
SECTION 55.5 - ENVIRONMENT
55.501 Neighborhood Home providers shall ensure a
home-like environment for each licensed home. Functional
arrangement of rooms, furnishings, and decor shall be
compatible with the need for accessibility.
55.502 Furniture and furnishings shall be safe,
comfortable, and in good repair and shall resemble those in
homes in the local community, to the extent compatible with
persons' choice and the physical needs of the people living
in the home. To the extent possible, personal furniture shall
be chosen by individuals.
55.503 Heating apparatus shall not constitute a burn,
smoke or carbon monoxide hazard to persons served or their
support staff.
55.504 Temperature, humidity, ventilation, and light
in all living and sleeping quarters shall be maintained to
provide a comfortable atmosphere.
55.505 Homes serving persons with physical
challenges shall be accessible to those persons with physical
challenges according to the appropriate American National
Standards Institute (ANSI) Standards and all other federal
and state standards.
55.506 Protective or security features such as fences
and security windows may be used only when justified on
the basis of the needs of persons served and shall preserve as
normal an appearance as possible.
55.507 Use of security or observational devices shall
constitute a restrictive procedure and require consent and
review by the human rights committee. The need for such
devices shall be documented in the person's behavioral
support plan.
55.508 Homes shall be sanitary, free of offensive
odors, insects and uncontrolled pests. Exterminator services
shall be required upon evidence of any infestation.
55.509 Waste and garbage shall be stored, transferred,
and disposed of in a manner that does not create a nuisance,
or permit the transmission of disease. Litter shall not be
permitted to accumulate on the premises.
55.510 Stairways, ramps, walkways and open-sided
porches shall have adequate lighting and handrails for safety.
Non-skid surfaces shall be used when slippery surfaces
present a hazard.
55.511 All stairways, hallways, doorways and
walkways shall be kept free and clear of obstructions at all
times.
55.512 Mirrors shall be furnished in bedrooms and
bathrooms, including mirrors that are accessible by persons
who use wheelchairs.
55.513 Each home shall provide storage space for both
in season and out of season clothing and storage space for
personal items to include, minimally, closet space and four
drawers in a chest of drawers.
55.514 Each home shall contain a clothes washer and
dryer that are accessible to people unless people use
commercial laundromats or are being supported to do so.
55.515 Basement space may be used for activities for
people in the home if there is a minimum of two (2) fire
exits.
55.516 If a bedroom is below grade level, it must have
a window that
a. Is usable as a second means of escape by the
person(s) occupying the room; and
b. Is no more than 36 inches (measured to the
window sill) above the floor as required under the Health
Care Occupancy Chapter of the Life Safety Code.
SECTION 55.6 - MEALTIMES
55.601 The home's meal and menu planning shall be
supervised by a registered dietitian or nutritionist or by
anexperienced person who consults a registered dietitian or
nutritionist as needed. Therapeutic diet orders, meal and
menu planning shall be reviewed, monitored and updated as
recommended by the nutritionist/dietitian with a minimum
of an annual evaluation. Therapeutic diets shall require a
physician's order.
55.602 Nutritional intake of persons receiving a
medically prescribed modified diet shall be followed,
reviewed and monitored by a nurse, dietitian or other
medical personnel as appropriate, as determined by the
dietitian or physician.
55.603 Persons shall be offered opportunities for
choices in food selection and are actively involved in menu
planning and food preparation as part of the daily meal
routine.
55.604 Menus and records of foods actually served
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1615
shall be retained for a period of three months.
55.605 Foods shall be provided in sufficient amounts
for meals and snacks and in sufficient variety on a daily,
weekly, monthly, and seasonal basis.
55.606 The daily diet for each person shall include a
minimum of three balanced meals a day with food from the
four basic food groups.
55.607 Meals shall be served so that they are flavorful,
attractive in appearance, at appropriate serving temperature,
and have preserved their nutritional value.
55.608 Meals should be provided in locations which
provide the opportunity for socialization, choice, sanitation,
and also support the person's preference.
55.609 Persons shall eat in an upright position or in a
position that is medically indicated.
55.610 There shall be at least one refrigerator and one
freezing unit, in proper working order and capable of
maintaining frozen foods in the frozen state and refrigerated
foods at 41 degreesF. or below.
55.611 Dry or staple food items shall be stored at least
four inches above the floor in a ventilated room that is not
subject to waste water back flow or to contamination by
condensation or leakage.
55.612 There shall be at least one four-burner range
and one oven (or combination thereof), which is in proper
working order.
55.613 There shall be a dishwasher or facilities for
performing dishwashing.
55.614 There shall be at least one operable window or
exhaust system for removal of smoke, odors, and fumes in
the cooking area.
55.615 There shall be three days supply of food in
each home at all times as posted on the menus. Opened
foods that are to be stored shall immediately be dated with
the date that the foods were opened.
SECTION 55.7 - MEDICAL AND HEALTH CARE
55.701 Each person shall have a primary care
physician and a dentist and shall receive an annual physical
and dental examination unless otherwise recommended by
the appropriate professional. Routine screening and
laboratory examinations shall be obtained when such are
determined warranted by the physician.
55.702 Within 30 days after services are initiated by
the agency, the following screenings shall be scheduled if
the need for such is identified by the physician, person,
advocate, guardian or team:
a. Nutritional;
b. Visual;
c. Auditory;
d. Speech and language;
e. Occupational therapy;
f. Physical therapy;
g. Assistive technology;
h. Other screenings as identified.
55.703 When requested by the person, advocate,
guardian or team or when indicated by the screening results,
the person shall receive a comprehensive evaluation in the
area(s) within 90 days.
55.704 Each person shall have his/her own toothbrush
which is used regularly and stored antiseptically.
55.705 Persons shall be supported, to the extent
possible, to attend to their own health care needs by making
medical and dental appointments, cooperating in receiving
medical and dental treatment and in self-administering their
medications.
55.706 The Neighborhood Home provider shall have
policies and procedures for infection control as it pertains to
persons, staff, and visitors. Upon confirmation of reportable
disease, the appropriate County Health Officer of the
Division of Public Health shall be notified.
55.707 The Neighborhood Home provider shall have
on file results of tuberculin tests:
a. Performed annually for all employees and
volunteers, and
b. Performed on all newly admitted persons. The
tuberculin test to be used is the Mantoux test containing 5
TU-PPD stabilized with Tween, injected intradermally,
using a needle and syringe, usually on the volar surface of
the forearm. Persons found to have a significant reaction
(defined as 10 mm of induration or greater) to tests shall be
reported to the Division of Public Health and managed
according to recommended medical practice. A tuberculin
test as specified, done within the twelve months prior to
employment or admission, or a chest x-ray showing no
evidence of active tuberculosis shall satisfy this requirement.
55.708 Each person's health and immunization history
shall be updated continuously.
55.709 Persons who require adaptations of the
environment or who use adaptive, corrective, mobility,
orthotic, prosthetic, communication or other assistive
devices or supports shall receive instruction in their proper
use and shall receive professional assessments annually, or
as otherwise prescribed, to ascertain the continued
applicability and fitness of those devices or supports.
55.710 Adaptive, corrective, mobility, orthotic and
prosthetic equipment shall be available, kept clean and in
good repair and used as appropriate.
55.711 If any of the above supports are needed or
used, the person's plan shall specify:
a. the reason for each support;
b. the situations in which each is to be applied;
and
c. a schedule for the use of each support.
SECTION 55.8 - MEDICATIONS
55.801 Individuals receiving medication shall be
instructed in self-administration to the limit of their
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1616 PROPOSED REGULATIONS
understanding. The Neighborhood Home Provider shall also
include instruction in the purpose, dosage and possible side
effects of the prescribed medication to the limit of the
person's understanding.
55.802 Individuals who administer their own
medication shall:
a. Understand the purpose of the medication,
dosage times and possible side effects;
b. Know what to do if a dosage is missed, extra
medication is taken or an adverse reaction is experienced;
c. Be educated in the maintenance of his/her own
medication history and in the recording of information
needed by the physician to determine medication and dosage
effectiveness.
55.803 Medications shall be used only by the person
for whom they were prescribed.
55.804 Injectable medication shall only be
administered by licensed practical nurses, registered nurses
or other licensed medical professionals.
55.805 Providers who have successfully completed a
Board of Nursing approved Assistance with Self-
Administration of Medication (AWSAM) training program
may assist persons in the taking of medication, provided that
the medication is in the original container and properly
labeled. The medication shall be taken exactly as indicated
on the label.
55.806 A medication record shall be maintained for
each person. The record shall show the name and strength of
each medication being taken by the person. Each dose
administered shall be recorded by date, time and initials of
person or persons assisting. Effectiveness shall be monitored
by clinical support staff.
55.807 The Neighborhood Home Provider shall assist
the person in reporting side effects to the physician who
prescribed the medication. Suspected drug reactions shall be
noted in the medication record and documented in the active
file of the person.
55.808 All medication errors and corrective actions
shall be documented and reported in accordance with
provider written policy.
55.809 Serious medication errors and reactions to
medication shall be reported immediately to the physician
and to the Neighborhood Home provider's chief executive
officer or to a person designated by written policy.
55.810 A three-day supply of medication shall be
available at all times. All medication shall be stored in its
original container either from the pharmacy, physician or
manufacturer with the proper label and specific directions
for assistance.
55.811 Medications to be applied externally shall be
distinguishable from medications to be taken internally by
means of packaging, labeling and segregation within storage
areas.
55.812 Medication shall be stored and locked under
proper conditions of temperature, light, humidity and
ventilation. Room temperature acceptable for medication
storage is between 59 and 86 degrees Fahrenheit.
55.813 Medications requiring refrigeration shall be
kept in a separate locked box within the refrigerator. A
temperature monitoring device shall be used and the
temperature shall be maintained between 36 and 42 degrees
Fahrenheit.
55.814 A supply of over-the-counter medication shall
be stocked at each home. However, the use of such
medications must be authorized by the person's physician in
writing, and their use documented in the medication record
and in the person's active file.
55.815 Discontinued and outdated medications and
containers with illegible or missing labels shall be promptly
disposed of in a safe manner.
SECTION 55.9 - PERSONS' RECORDS
55.901 A cumulative record containing all information
and documents related to supporting and providing services
to the person shall be maintained chronologically for each
person.
55.902 The record shall be readily accessible to those
who require such access in order to provide services as
described in the person's support plan.
55.903 All information concerning a person served,
including information contained in an automated data bank,
is confidential; and access shall be limited to staff who need
to see the record, or to persons specifically authorized by the
person or legally qualified representatives.
55.904 Entries in a person's record referring to actions
with another person shall be coded in such a way as to
protect the confidentiality of the persons served.
55.905 The provider shall be responsible for the
safekeeping of each person's record and for securing it
against loss, destruction, or use by unauthorized persons as
evidenced by policies and practices.
55.906 Incident reports, with adequate documentation,
shall be completed for each incident. Adequate
documentation shall consist of the name of the resident(s)
involved; the date, time and place of the incident; a
description of the incident; a list of other parties involved,
including witnesses; the nature of any injuries; resident
outcome; and follow-up action, including notification of the
resident's family or guardian, attending physician and
DDDS or law enforcement authorities when appropriate.
Incident reports shall be kept on file by the provider.
Reportable incidents shall be communicated immediately to
the Division of Developmental Disabilities Services.
SECTION 55.10 - TRANSPORTATION
55.1001 The transportation system operated by, or
under contract to, the home shall meet local and state
licensing, inspection, insurance, and capacity requirements.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1617
55.1002 Vehicles used to transport persons shall be
equipped with a seat belt for each person and a means of
communication. Vehicles used to transport persons with
physical impairments shall be adapted to their needs.
55.1003 Drivers of vehicles shall have valid and
appropriate driver's licenses.
55.1004 Emergency transportation shall be available on
a 24-hour basis.
55.1005 The provider shall provide or arrange
transportation for a person's routine medical and dental care.
Section 55.11 - SAFETY AND SANITATION
55.1101 The Neighborhood Home's program shall
comply with all applicable provisions of federal, state and
local laws, regulations and codes pertaining to health, safety,
sanitation and plumbing.
55.1102 The provider shall maintain records and reports
of periodic fire safety, health, sanitation, and environmental
inspections required by local and state laws and regulations.
The provider shall document actions taken to correct
deficiencies noted in these reports.
55.1103 The provider shall prepare written policies that
outline maintenance (including electrical maintenance) and
cleaning procedures, storage of cleaning materials and/or
pesticides and other toxic materials.
55.1104 Hot water at shower, bathing and handwashing
facilities shall not exceed 115 degrees F.
55.1105 There shall be adequate, safe and separate
areas of storage of:
a. Food items;
b. Cleaning agents, disinfectants and polishes;
c. Poisons, chemicals and pesticides;
d. Eating, serving and cooking utensils;
e. Clean and dirty linen.
55.1106 Firearms shall be prohibited on the premises of
the Neighborhood Home.
55.1107 Active attention shall be directed to avoiding
hazards to the people supported, such as dangerous
substances, sharp objects, unprotected electrical outlets,
slippery floors or stairs, exposed heating devices, scalding
water or broken glass. However, people shall be prepared
for and progressively exposed to routine risks that are likely
to be encountered in normal environments.
SECTION 55.12 - BEDROOMS
55.1201 Rooms or other areas of the Neighborhood
Home that are not ordinarily sleeping rooms may not be used
for sleeping purposes.
55.1202 Sleeping rooms shall have an outside window
and must provide for quiet and privacy. Adequate electrical
outlets shall be conveniently located in each room with at
least one (1) light fixture switch at the entrance to the
bedroom.
55.1203 Bedrooms shall have walls that extend from
floor to ceiling, and shall accommodate no more than two
persons.
55.1204 Multi-bed bedrooms shall provide at least 75
square feet per person.
55.1205 Single-bed bedrooms shall contain at least 100
square feet.
55.1206 Bedrooms shall contain space, as needed, for
bedside assistance and to accommodate the use and storage
of mobility devices and prosthetic equipment.
55.1207 Each person shall have a bed suitable for his or
her physical statute and condition.
55.1208 Mattresses, bedding and pillows shall be clean
andprovide comfort and sufficient support and warmth.
55.1209 The use of hospital-type beds, plastic or other
materials to keep beds and pillows dry, flat pillows or the
absence of pillows or other departures from normalcy shall
be justified in each case in the person's record and reviewed
at least annually.
55.1210 There shall be a sturdy bedside stand, chair, a
desk or table, and reading light for the person.
55.1211 Each bedroom window shall have a window
treatment that closes for privacy.
55.1212 People shall be encouraged, and assisted as
needed, to decorate their bedrooms as they choose.
SECTION 55.13 - BATHROOMS
55.1301 There shall be private toilet facilities with a
shower or tub in good repair in each home. These facilities
shall be accessible to the person according to his/her needs
and shall facilitate maximum independence.
55.1302 Traffic to and from any room shall not be
through a bedroom or bathroom except where a bathroom
opens directly off the room it serves.
55.1303 There shall be at least one (1) window or
mechanical ventilation to the outside of the bathroom.
55.1304 Toilets, bathing and toileting appliances shall
be equipped for use by physically handicapped persons, as
dictated by such persons' needs.
55.1305 There shall be at least one (1) toilet of
appropriate size for each four (4) persons. Each toilet shall
be equipped with a toilet seat and toilet tissue.
55.1306 There shall be at least one (1) wash basin for
each four (4) persons.
55.1307 There shall be at least one (1) tub or shower for
each four (4) persons.
55.1308 Wash basins shall be available in or
immediately adjacent to bathrooms and/or toilet rooms.
55.1309 Shower and tub areas shall be equipped with
substantial hand-grip bars and slip-resistant floor surfaces.
SECTION 55.14 - EMERGENCIES AND DISASTERS
55.1401 Fire safety in Neighborhood Homes shall
comply with the rules and regulations of the State Fire
Prevention Commission or the appropriate local jurisdiction.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1618 PROPOSED REGULATIONS
All applications for a license or renewal of a license shall
include a letter certifying compliance by the Fire Marshal
with jurisdiction. Notification of non-compliance with the
applicable rules and regulations shall be grounds for
revocation of a license.
55.1402 The home shall have a minimum of two means
of egress.
55.1403 The home shall have an adequate number of
UL approved smoke detectors in working order.
a. In a single level home, a minimum of one
smoke detector shall be placed between the bedroom area
and the remainder of the home.
b. In a multi-story home, a minimum of one
smoke detector shall be on each level. On levels which have
bedrooms, the detector shall be placed between the bedroom
area and the remainder of the home.
55.1404 There shall be at least one functional two and
one-half to five pound ABC fire extinguisher on each floor
of living space in the home that is readily accessible, visible
and mounted on the wall. Inspections shall be completed by
the service company or as regulated by the Fire Marshal.
Each extinguisher shall be checked annually.
55.1405 The provider shall have written procedures for
meeting all emergencies and disasters such as fire, severe
weather, and missing persons; and such procedures shall be
communicated to all staff.
55.1406 The procedures shall assign specific personnel
to specific tasks and responsibilities.
55.1407 The procedures shall contain instructions
related to the use of alarm and signal systems. Provisions
shall be made to alert persons living in the home according
to their abilities, and these provisions shall be included in the
procedures.
55.1408 Evacuation routes and the location of firefighting
equipment shall be posted in areas used by the
public as required by the applicable fire safety regulations.
The number and placement of postings are otherwise
dictated by building use and configuration and by the needs
of persons and staff.
55.1409 The provider shall maintain an adequate
communication system to ensure that on and off-duty
personnel and local fire and safety authorities are notified
promptly in the event of an emergency or disaster.
55.1410 The telephone numbers of the nearest poison
control center and the nearest source of emergency medical
services shall be posted.
55.1411 Provisions shall be made for emergency
auxiliary heat and lighting by means of alternate sources of
electric power, alternate fuels, and stand-by equipment, or
arrangements with neighbors, other agencies or community
resources.
SECTION 55.15 - EVACUATION DRILLS
55.1501 Drills shall be held quarterly for each shift with
one drill per calendar month. Evacuation drills shall be held
on different days, at different times, including times when
people are asleep.
55.1502 The location of egress during these evacuation
drills shall be varied, with window evacuation procedures
discussed as an alternative, if not practiced.
55.1503 During drills, persons shall be evacuated with
staff assistance to the designated safe area outside of the
home.
55.1504 As evidenced by evacuation drill reports that
are maintained by the Neighborhood Home, drills shall
assure that all persons and staff are familiar with the
evacuation requirements and procedures. Any problems
persons have evacuating a building during a drill shall result
in a written plan of specific corrective action(s) to be taken.
55.1505 Persons who are unable to achieve the exit
schedule prescribed by the Life/Safety Code with available
assistance shall be either relocated or provided with
additional assistance.
SECTION 55.16 - WAIVERS OF STANDARDS
55.1601 Specific standards may be waived by the
Division of Long Term Care Residents Protection provided
that each of the following conditions is met:
a. Strict enforcement of the standard would result
in unreasonable hardship on the provider.
b. The waiver is in accordance with the particular
needs of the person.
c. A waiver must not adversely affect the health,
safety, welfare, or rights of any person.
55.1602 The request for a waiver must be made to the
Division of Long Term Care Residents Protection in writing
by the provider with substantial detail justifying the request.
The Division of Long Term Care Residents Protection will
inform the provider of its decision within 30 days of receipt
of the written request.
55.1603 A waiver granted by the Division of Long
Term Care Residents Protection is not transferable to
another Neighborhood Home provider in the event of a
change in ownership.
55.1604 A waiver shall be granted for a period up to the
term of the license.
55.1605 Person capacity for a Neighborhood Home
may be waived from five to six persons where the physical
plant, staffing, and person needs justify such an increase.
SECTION 55.17 - SEVERABILITY
55.1701 Should any section, sentence, clause or phrase
of these regulations be legally declared unconstitutional or
invalid for any reason, the remainder of said regulations
shall not be affected thereby.
Adopted / /03
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1619
DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code,
Section 107 (31 Del.C. §107)
PUBLIC NOTICE
State-Funded Medical Assistance Program
In compliance with the State's Administrative
Procedures Act (APA - Title 29, Chapter 101 of the
Delaware Code) and under the authority of Title 31 of the
Delaware Code, Chapter 5, Section 107, Delaware Health
and Social Services/Division of Social Services (DHSS/
DSS), publishes this notice of proposed changes to the Statefunded
medical assistance program. The proposed changes
in the Division of Social Services Manual (DSSM) amends
the rules used to determine eligibility for the State-funded
medical assistance program in order to sustain the current
program.
Any person who wishes to make written suggestions,
compilations of data, testimony, briefs or other written
materials concerning the proposed changes must submit
same to Sharon L. Summers, Policy and Program
Implementation Unit, Division of Social Services, P.O. Box
906, New Castle, Delaware 19720-0906 by June 30, 2003.
The action concerning the determination of whether to
adopt the proposed regulation will be based upon the results
of Department and Division staff analysis and the
consideration of the comments and written materials filed by
other interested persons.
Summary Of Proposed Changes
Effective September 1, 2003, the State-funded medical
assistance coverage is limited to those aliens who meet the
following residency requirements:
• In order to be found eligible for the State-funded
benefits, a legally residing nonqualified alien or a
qualified alien must have resided in Delaware for at
least three (3) consecutive months before he or she
may be found eligible; and,
• A legally residing nonqualified alien or a qualified
alien cannot use inpatient days in an institution to
help establish this three (3) month residency
requirement.
REVISIONS:
14300 Citizenship And Alienage
The Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA, P.L. 104-193)
enacted on August 22, 1996, significantly changed Medicaid
eligibility for individuals who are not citizens of the United
States. The legislation revised the categories of noncitizens
who may be determined eligible for Medicaid. The
legislation identifies noncitizens as qualified aliens or
nonqualified aliens. The term qualified refers to groups of
aliens whose members may establish Medicaid eligibility
under certain circumstances and subject to certain
limitations. For specific groups of aliens identified as
nonqualified, eligibility is limited to the treatment of an
emergency medical condition as defined in this section.
In State Fiscal Year 1998, (SFY 98), the Delaware
legislature appropriated State only funds to provide coverage
of full Medicaid benefits to legally residing noncitizens who
are ineligible for full Medicaid benefits because of
PRWORA. Coverage for these aliens will be provided on a
fee for service basis and is subject to the availability of State
funding. In the event State funding is exhausted, the benefits
will be reduced to coverage of emergency services and labor
and deliver only.
Aliens who may be found eligible for full Medicaid
coverage using the state funds include legally residing
nonqualified aliens and qualified aliens subject to the 5 year
bar. Illegally residing aliens and ineligible aliens are not
eligible for full Medicaid coverage, but remain eligible for
emergency services and labor and delivery only.
Medicaid coverage for legally residing nonqualified
aliens, qualified aliens subject to the PRWORA 5 year bar,
illegally residing aliens, and ineligible aliens is limited to
emergency services and labor and delivery only as described
in DSSM 14360.
All applicants, whether aliens or citizens, must meet the
technical and financial eligibility criteria of a specific
eligibility group such as SSI related group, AFDC related
group, or poverty level related group. Not every alien,
qualified or nonqualified, will be eligible for Medicaid,
emergency services and labor and delivery only, or the State
funded benefits.
In order to be found eligible for the State funded
benefits, a legally residing nonqualified alien or a qualified
alien who is subject to the PRWORA 5 year bar, must have a
current Delaware domicile and must have resided in
Delaware for at least three (3) consecutive months before he
or she may be found eligible. Documentation of three (3)
consecutive months of Delaware residency is required for
the eligibility determination. Documentation includes but is
not limited to a lease or landlord statement, a mortgage
statement or deed, or a Delaware drivers license.
A legally residing nonqualified alien or a qualified alien
subject to the PRWORA 5 year bar cannot use inpatient days
in an institution to help establish this three (3) month
residency requirement. This includes but is not limited to
institutions such as inpatient hospitals, long term care
facilities, residential treatment centers, inpatient substance
abuse facilities, and institutions for mental diseases.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1620 PROPOSED REGULATIONS
14320.1 Medicaid Eligibility For Qualified Aliens
(PRWORA and/Or State Funds)
Effective January 1, 1998, all qualified aliens,
regardless of the date of entry into the U.S., may be found
eligible for full Medicaid benefits. This does not include
long term care services. Legally residing nonqualified aliens
may be found eligible for Medicaid long term care services
upon residing in the United States for five years.
The PRWORA policy (as amended by the Balanced
Budget Act) which follows describes the eligibility for
qualified aliens. prior to the appropriation of State funds. In
the event such State funding is exhausted, eligibility for
qualified aliens will be determined using the PRWORA
policy described below.
Certain qualified aliens will be Medicaid eligible. Other
qualified aliens will receive State funded benefits. The adult
expansion population under the 1115 demonstration waiver
entitled Diamond State Health Plan, is not eligible for
emergency services and labor and delivery only or the State
funded benefits.
The Delaware legislature appropriated State only funds
to provide full Medicaid benefits to legally residing
noncitizens who are ineligible for full Medicaid because of
PRWORA. Under PRWORA, certain qualified aliens
entering the U.S. on or after 8/22/96 are subject to a 5 year
bar on eligibility. Coverage for full Medicaid benefits for
the qualified aliens who are under the PRWORA 5 year bar
is subject to the availability of State funds.
14320.5 Eligibility For State Funded Benefits (Qualified
Aliens)
The following qualified aliens who enter the U.S. on or
after 8/22/96 and are subject to the PRWORA 5 year bar
may be found eligible for State funded benefits.
• Lawful permanent resident
• Aliens granted parole (parolees)
• Aliens granted conditional entry (conditional
entrants)
• Battered immigrants
The adult expansion population under the 1115
demonstration waiver entitled, Diamond State Health Plan,
is not eligible for the State funded benefits. State funded
coverage does not include long term care.
Effective September 1, 2003, these aliens must meet a
three (3) month residency requirement as described in
DSSM 14300.
Once these aliens have been in the U.S. for five years,
they may be found eligible for Medicaid.
14330.2 Eligibility For State Funded Benefits
(Nonqualified Aliens)
Effective January 1, 1998, legally residing nonqualified
aliens, regardless of the date of entry into the U.S., may be
found eligible for full Medicaid benefits. This does not
include long term care services. Legally residing
nonqualified aliens may be found eligible for Medicaid long
term care services upon residing in the United States for five
years.
The Delaware legislature appropriated State only funds
to provide full coverage of Medicaid benefits to legally
residing noncitizens who are ineligible for full Medicaid
benefits because of PRWORA. Coverage for full Medicaid
benefits for these legally residing nonqualified aliens is
subject to the availability of State funds. In the event such
State funding is exhausted, eligibility for legally residing
nonqualified aliens will be determined using the PRWORA
policy described in Section 14330.1. The adult expansion
population, under the 1115 demonstration waiver, entitled
Diamond State Health Plan, is not eligible for state-funded
benefits.
Legally residing nonqualified aliens may be found
eligible for State funded benefits. The adult expansion
population under the 1115 demonstration waiver entitled,
Diamond State Health Plan, is not eligible for the State
funded benefits. State funded coverage does not include
long term care.
Effective September 1, 2003, these aliens must meet a
three (3) month residency requirement as described in
DSSM 14300.
15120.2 Financial Eligibility
TANF rules on income standards and methodologies
(disregards, exclusions, allocations) apply to Section 1931
Medicaid except as provided in this section.
For Section 1931 Medicaid, there are two income tests
to determine financial eligibility. The first test is a gross
income test and the second is a net income test. For the
gross income test, compare the family's gross income to
185% of the applicable standard of need. For the net income
test, compare the family's net income to the applicable
standard of need.
Financial eligibility for both applicant and recipient
families will be calculated using the 30 and 1/3 disregard if
applicable. This disregard allows the deduction of $30 plus
1/3 of the remaining earned income after the standard
allowance for work connected expenses is subtracted.
The $30 plus 1/3 disregard is applied to earned income
for four (4) consecutive months. If Medicaid under Section
1931 or employment ends before the fourth month, the
earner is eligible for the disregard for four (4) additional
months upon reapplication or re-employment.
When an earner's wages are so low ($90 or less in the
month) that the income is zero before any part of the $30
plus 1/3 disregard can be applied, that month does not count
as one of the four (4) consecutive months and the earner is
eligible for the disregard for four (4) additional months.
After the $30 plus 1/3 disregard has been applied for
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1621
four (4) consecutive months, the 1/3 disregard is removed
from the budget. The $30 disregard continues to be
deducted from earned income for eight (8) consecutive
months. The $30 disregard is not repeated if an individual
stops working or 1931 Medicaid ends before the completion
of the eight (8) consecutive months. If 1931 Medicaid ends
and the family reapplies, the $30 disregard from earned
income is continued until the end of the original eight (8)
consecutive months.
Unlike the $30 plus 1/3 disregard which is dependent
upon the family having sufficient earned income and being
1931 Medicaid recipients, the $30 disregard is for a specific
time period. This time period begins when the $30 plus 1/3
disregard ends and is not dependent upon the family having
earned income or 1931 Medicaid.
When an earner has received the $30 and 1/3 disregard
in four (4) consecutive months and the $30 deduction has
been available for eight (8) consecutive additional months,
neither disregard can be applied to earned income until the
individual has not received the 30 and 1/3 disregard
Medicaid under Section 1931 for twelve (12) consecutive
months.
All earned income is disregarded for the second and
third months of eligibility.
All earned income is disregarded for recipients for 12
months after employment causes ineligibility. Effective
September 1, 2003, this earned income disregard expires.
Families who establish eligibility prior to September 1,
2003, will receive the 12 month earned income disregard.
Families who establish eligibility on or after September 1,
2003, will not receive the 12 month earned income
disregard.
Any diversion assistance provided does not count as
income.
Resources are not counted for Medicaid under Section
1931.
15200 Transitional Medicaid
The Family Support Act of 1988, PL 100-485,
mandated that effective April 1, 1990, states provide health
care coverage known as Transitional Medical Assistance for
up to twelve months for families who become ineligible for
AFDC due to increased earnings, increased hours of
employment, or loss of earned income disregards.
The Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA), P.L. 104-193,
repealed the AFDC program and replaced it with a program
of block grants to states for Temporary Assistance for Needy
Families (TANF). Delaware implemented its TANF
program, Delaware's A Better Chance Welfare Reform
Program (DABC), on March 10, 1997.
Prior to PRWORA, a family's eligibility for
Transitional Medicaid was linked to receipt of AFDC.
Under PRWORA, a family's eligibility for transitional
Medicaid is linked to receipt of Medicaid under Section
15120, "Low Income Families with Children under Section
1931".
The eligibility group described in "Low Income
Families with Children under Section 1931", will be
referred to as "receiving Medicaid under Section 1931"
throughout this section.
Delaware's welfare reform waiver, "Delaware's A
Better Chance Welfare Reform Program" (DABC) included
a modification to the length of the Transitional Medicaid
period. The DABC waiver extended Transitional Medicaid
benefits for up to 24 months. This waiver expired on
September 30, 2002. DSS will use the option under Section
1931(b)(2)(C) of the Social Security Act to disregard all
earned income for 12 months after employment causes
ineligibility for a family under Section 1931. (See DSSM
15120.2.) Effective September 1, 2003, families eligible
under Section 1931 will not receive this 12 month earned
income disregard. Families who establish eligibility under
Section 1931 prior to September 1, 2003, will receive the 12
month earned income disregard.
Effective October 1, 2002, Transitional Medicaid
coverage extends for up to one year. The year is divided into
two periods of six months each. Families who establish
eligibility for Transitional Medicaid prior to October 1,
2002, may be eligible for up to 24 months of Transitional
Medicaid. These are families who establish eligibility for
Transitional Medicaid under the DABC waiver authority.
Families who establish eligibility for Transitional Medicaid
on or after October 1, 2002 may be eligible for up to 12
months of Transitional Medicaid.
Families must meet the initial eligibility requirements
described in this section to receive the first six months of
coverage. Families can be eligible when their income
exceeds either 185% of the standard of need or the standard
of need.
To continue to receive Medicaid for the second six
months, the family's gross earned income less dependent
care costs must be at or below 185% FPL. Dependent care
costs are for the care of dependent children or incapacitated
persons living in the home. Family income will be budgeted
prospectively.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1622 PROPOSED REGULATIONS
DEPARTMENT OF NATURAL
RESOURCES AND
ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
AIR QUALITY MANAGEMENT SECTION
Statutory Authority: 7 Delaware Code,
Chapter 60 (7 Del.C. Ch. 60)
1. Title Of The Regulations:
LESTONE
ng Adequate
Ozone.
2. Brief Synopsis Of The
MI COMPLIANCE
KENT AND NEW CASTLE
Progress toward
National Ambient Air Quality
Subject, Substance And
Issues:
The Clean Air Act Amendments of 1990 (CAAA)
requires Delaware to submit to the US Environmental
Protection Agency (EPA) a State Implementation Plan (SIP)
revision for each of the milestone years (1996, 1999, 2002,
and 2005) to demonstrate that the actual emissions of
volatile organic compounds (VOC) and/or oxides of nitrogen
(NOx) in Kent and New Castle Counties do not exceed the
required emission targets specified in Delaware's Rate-of-
Progress Plans. The document proposed herein is for the
milestone year of 1999, and thus termed as Delaware's 1999
Milestone Compliance Demonstration.
3. Possible Terms Of The Agency Action:
None.
4. Statutory Basis Or Legal Authority To Act:
7 Del. C., Chapter 60 Section 6010.
Clean Air Act Amendments of 1990.
5. Other Regulations That May Be Affected By The
Proposal:
None
6. Notice Of Public Comment:
A public hearing will be held on June 26, 2003,
beginning at 6:00 pm in the DNREC Auditorium, 89 Kings
Highway, Dover, DE 19901.
Prepared By:
Frank F. Gao, Project Leader (302) 323-4542 May 14,
2003
Delaware 1999 Milestone Complinace Demonstration
For Kent And New Castle Counties
Demonstrating Adequate Progress toward Attainment of
the 1-Hour
National Ambient Air Quality Standard
for Ground-Level Ozone
Submitted to:
US Environmental Protection Agency
By
Delaware Department of Natural Resources
and Environmental Control
June 2003
Acronym List
AQM Air Quality Management Section of DNREC
CAAA Clean Air Act Amendments of 1990
CMSA Consolidated Metropolitan Statistical Area
CO Carbon Monoxide
DAWM Division of Air and Waste Management of
DNREC
DelDOT Delaware Department of Transportation
DNREC Delaware Department of Natural Resources
and Environmental Control
EID Emission Inventory Development
EPA United States Environmental Protection
Agency
FMVCP Federal Motor Vehicle Control Program
HPMS Highway Performance Monitoring System
I/M Inspection and Maintenance
LEV Low Emission Vehicle
NAA Nonattainment Area
NAAQS National Ambient Air Quality Standard
NLEV National Low Emission Vehicle
NOx Oxides of Nitrogen
OAQPS Office of Air Quality Planning and Standards
of EPA
OTAG Ozone Transport Assessment Group
OTC Ozone Transport Commission
OTR Ozone Transport Region
PCP Planning and Community Protection Branch of
DNREC
PEI Periodic Emission Inventory
PERC Perchloroethylene
RACT Reasonably Available Control Technology
RPP Rate-of-Progress Plan
RVP Reid Vapor Pressure
SCC Source Classification Code
SIC Standard Industrial Classification
SIP State Implementation Plan
TPD Tons per day
TPY Tons per year
VHB Vanasse Hangen Brustlin, Inc.
VOC Volatile Organic Compound
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1623
References
1. Guidance on the Relationship between the 15
Percent Rate-of-Progress Plans and Other Provisions of the
Clean Air Act, EPA-452/R-93-007, Office of Air Quality
Planning and Standards, U.S. Environmental Protection
Agency, Research Triangle Park, North Carolina, May 1993.
2. The 1990 Base Year Ozone SIP Emissions
Inventory for VOC, CO, and NOx. Air Quality Management
Section, Department of Natural Resources and
Environmental Control, Dover, Delaware, revised as of May
3, 1994.
3. The Delaware 15% Rate-of-Progress Plan. Air
Quality Management Section, Department of Natural
Resources and Environmental Control, Dover, Delaware,
February 1995.
4. The Delaware 1999 Rate-of-Progress Plan for Kent
and New Castle Counties. Air Quality Management Section,
Department of Natural Resources and Environmental
Control, Dover, Delaware, December 1997, as amended in
June 1999.
5. Guidance on the Post-1996 Rate-of-Progress Plan
and the Attainment Demonstration, Ozone/Carbon
Monoxide Branch, U.S. Environmental Protection Agency,
Office of Air Quality Planning and Standards, Research
Triangle Park, North Carolina 27711, February 18, 1994.
6. Regulations Governing the Control of Air
Pollution. Air Quality Management Section, Division of Air
and Waste Management, Delaware Department of Natural
Resources and Environmental Control, Dover, Delaware,
March 1995.
7. Procedures for Preparing Emissions Projections.
EPA-450/4-91-019, Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research
Triangle Park, North Carolina, July 1991.
8. Guidance for Growth Factors, Projections, and
Control Strategies for the 15 Percent Rate-of-Progress
Plans. EPA-452/R-93-002, Office of Air Quality Planning
and Standards, U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina, March 1993.
9. Guidance on Preparing Enforceable Regulations
and Compliance Programs for the 15 Percent Rate-of-
Progress Plans. EPA-452/R-93-005, Office of Air Quality
Planning and Standards, U.S. Environmental Protection
Agency, Research Triangle Park, North Carolina, March
1993.
10. The 1993 Periodic Ozone State Implementation
Plan Emission Inventory for VOC, NOx, and CO. Air
Quality Management Section, Department of Natural
Resources and Environmental Control, Dover, Delaware,
January 1998.
11. The 1996 Periodic Ozone State Implementation
Plan Emission Inventory for VOC, NOx, and CO. Air
Quality Management Section, Department of Natural
Resources and Environmental Control, Dover, Delaware,
November 1999.
12. Delaware 1996 Milestone Demonstration for Kent
and New Castle Counties. Air Quality Management Section,
Department of Natural Resources and Environmental
Control, Dover, Delaware, February 2000.
Summary
Under the Clean Air Act Amendments of 1990
(CAAA), Kent and New Castle Counties in Delaware are
classified as severe nonattainment areas with respect to the
1-hour ozone standard. This document addresses Delaware's
1999 milestone year compliance demonstration regarding
progress toward attainment of the 1-hour National Ambient
Air Quality Standard for the ground-level ozone.
Under Sections 182(b)(1) and 182(d) of CAAA,
Delaware is required (1) by 1996 to achieve a 15% reduction
in emissions of volatile organic compounds (VOCs) from its
1990 level in the two nonattainment counties, (2) by 1999 to
achieve an additional 9% reduction in emissions of either
VOCs or oxides of nitrogen (NOx) from the 1990 levels.
Under these requirements, the 1999 target levels of VOC and
NOx emissions for the two nonattainment counties have
been determined to be 110.21 tons per day (TPD) and 148.96
TPD, respectively. To achieve these targets, Delaware
implemented numerous control measures over a large variety
of VOC and NOx emission sources from 1990 to 1999.
Delaware's 1999 periodic emission inventory (PEI), which
has been recently compiled, shows that the 1999 inventoried
VOC and NOx emissions in Kent and New Castle Counties
are 88.69 TPD and 117.68 TPD, respectively. These
inventoried VOC and NOx emissions are significantly lower
than the required targets levels. Thus, Delaware
demonstrates herein that its 1999 milestone for complying
with VOC and NOx emission reductions has been
successfully met.
1. Introduction
1.1 Background
The Clean Air Act Amendments of 1990 (CAAA)
set forth National Ambient Air Quality Standards (NAAQS)
for six air pollutants that pose public health risks and
environmental threats. Delaware exceeds the standard for
only one of these pollutants, i.e., the ground-level ozone.
High levels of ozone can harm the respiratory system and
cause breathing problems, throat irritation, coughing, chest
pains, and greater susceptibility to respiratory infection.
Children, the elderly and individuals with respiratory
diseases are especially vulnerable to the threat of ozone.
Even healthy individuals can be harmed if they attempt
strenuous activity on days with high ozone levels. High
levels of ozone also cause serious damage to forests and
agricultural crops, resulting in economic losses to logging
and farming operations.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1624 PROPOSED REGULATIONS
The CAAA classifies five nonattainment areas
(NAA) that exceed the 1-hour ozone NAAQS based on the
severity of the pollution problem. In the order of increasing
severity, they are marginal, moderate, serious, severe, and
extreme. According to Section 181 of CAAA, attainment
dates for individual areas depend on their nonattainment
designations. The Philadelphia Consolidated Metropolitan
Statistical Area (CMSA) is classified as a severe
nonattainment area (Figure 1), which has an attainment date
of 2005. As shown in Figure 1, Kent and New Castle
Counties in Delaware fall within the Philadelphia CMSA.
Thus, these two counties are subject to all requirements set
forth for the severe ozone nonattainment class. All
discussions and data presented in this document apply only
to Kent and New Castle Counties.
Generally, ground level ozone is not directly
emitted to the atmosphere, but formed in the lower
atmosphere by photochemical reactions mainly between
volatile organic compounds (VOC) and nitrogen oxides
(NOx) in the presence of sunlight. Thus, VOC and NOx are
defined as two major ozone precursors. In order to reduce
ozone concentrations in the ambient air, the CAAA requires
all ozone nonattainment areas to achieve specific reductions
in anthropogenic VOC emissions and/or NOx emissions
over several specified periods of years until the ozone
standard is attained. This requirement for periodic emission
reductions is termed as "rate of progress" toward the
attainment of the 1-hour ozone standard (Reference 1).
Under Section 182(d) of CAAA, Delaware is
required to develop and submit a State Implementation Plans
(SIP) revision to the United States Environmental Protection
Agency (EPA) for each of the milestone years of 1996,
1999, 2002 and 2005. In these plans, Delaware has to show
that, by adopting and implementing adequate control
measures, it can achieve adequate rate-of-progress
reductions in VOC and/or NOx emissions for its severe
ozone nonattainment area, i.e., Kent and New Castle
Counties. Since these state implementation plans construct
the path of Delaware's rate of progress toward the attainment
of ozone standard, they are termed as Delaware's Rate-of-
Progress Plans (RPPs).
Under Section 182(a) of the CAAA, Delaware is
required to develop comprehensive emission inventories of
ozone precursors for 1993, 1996, 1999, 2002 and 2005 to
monitor actual VOC and NOx emissions from its
nonattainment areas along the path of rate of progress.
These emission inventories are termed as Delaware's
periodic emission inventories (PEIs). Under Sections
182(a) and 182(g) of the CAAA, Delaware is required to use
these periodic emission inventories (except the 1993 PEI) to
demonstrate whether Delaware meets its required emission
reductions as specified in its rate-of-progress plans in
individual milestone years. This demonstrating process is
termed as milestone compliance demonstration (Reference
1).
Figure 1. Philadelphia Consolidated Metropolitan
Statistical Area (CMSA) Nonattainment Area.1
This document is to demonstrate Delaware 1999
milestone year compliance with adequate progress in
emission reductions toward attainment of the 1-hour ozone
NAAQS as required by the CAAA. The document is
hereafter referred to as "Delaware 1999 Milestone
Compliance Demonstration."
1.2 Responsibilities
The agency with direct responsibility for preparing
and submitting this document is the Delaware Department of
Natural Resources and Environmental Control (DNREC),
Division of Air and Waste Management (DAWM), Air
Quality Management Section (AQM), under the direction of
Ali Mirzakhalili, Program Administrator. The Delaware
Department of Transportation (DelDOT), in conjunction
with its consulting firm Vanasse Hangen Brustlin, Inc.
(VHB), Watertown, MA, is responsible for performing the
work associated with the on-road mobile source emissions
included in this document.
1. This map is adopted from Major CO, NO2 and VOC
Sources in the 25-Mile Boundary Around Ozone Nonattainment
Areas, Volume 1: Classified Ozone Nonattainment
Area,EPA/4-92-005a, U.S. Environment Protection Agency,
Office of Air Quality Planning and Standards, Office of Air
and Radiation, Research Triangle Park , NC, February, 1992.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1625
The working responsibility for Delaware's air
quality management planning falls within the Planning and
Community Protection (PCP) Branch of AQM Section,
DAWM of DNREC, under the management of Raymond H.
Malenfant, Program Manager. Ronald A. Amirikian,
Planning Supervisor of the PCP Branch, is the project
manager of this document. Frank F. Gao, Environmental
Engineer of Airshed Assessment and Improvement Program
in the PCP Branch, is the project leader and principal author
of this document. Questions or comments regarding this
document should be addressed to R. Amirikian or F. Gao,
(302)739-4791, AQM, 156 South State Street, Dover, DE
19901.
2. Submittal and Summary of Delaware State
Implementation Plans
2.1 Delaware 1990 Base Year Emission Inventory
Section 182(a)(1) of CAAA requires each state with
ozone nonattainment areas to develop a comprehensive 1990
emission inventory for ozone precursors for its
nonattainment areas. The emission inventory must be
submitted as a state implementation plan (SIP) revision to
EPA for approval. This "1990 base year emission inventory"
is used as the basis for a state to develop its rate-of-progress
plans and control strategies toward attainment of the 1-hour
ozone standard. Delaware's 1990 base year emission
inventory was submitted to the EPA in May 1994, and
approved by EPA in March 1996 (Reference 2, hereafter
referred to as the 1990 Base Year Inventory). A summary
document of the 1990 Base Year Emission Inventory is
provided in Appendix A of this document.
The 1990 Base Year Inventory is categorized by
five source sectors, i.e., point, stationary area, off-road
mobile, on-road mobile and biogenic source sectors
(Appendix A). Since volatile organic compounds (VOC),
nitrogen oxides (NOx) and carbon monoxide (CO) are
precursors forming the ground level ozone, their emissions
from these source sectors in 1990 are inventoried and
reported in the 1990 Base Year Inventory. Because the
contribution of CO to ozone formation is considered
insignificant and Delaware does not contain any CO
nonattainment area, the CO component of the 1990 Base
Year Inventory is not included in Delaware's rate-ofprogress
planning for attainment of ozone standard. A
summary of VOC and NOx emissions by county in the 1990
Base Year Inventory is presented in Table 1. The unit of
emissions reported in Table 1 is tons per day (TPD) in the
peak ozone season. The peak ozone season in Delaware is
defined as from June 1 through August 31.
Table 1. Summary of VOC and NOx Emissions (in TPD)
in 1990 Base Year Inventory*
*Data obtained from Delaware 1990 Base Year Emission
Inventory (Reference 2).
** Biogenic NOx emissions are assumed to be negligible.
2.2 Delaware 1996 and 1999 Rate-of-Progress Plans
Under Sections 182(b)(1) and 182(d), Delaware is
required to develop a rate-of-progress plan (as a SIP
revision) for the period from 1990 to 1996. This plan must
describe how Delaware could achieve an actual VOC
emission reduction of at least 15% of its 1990 VOC emission
level, and thus is termed as the Delaware 1996 Rate-of-
Progress Plan or 15% Rate-of-Progress Plan (RPP).
Delaware developed the 1996 RPP and submitted it to EPA
for approval in February 1995 (Reference 3, hereafter
referred to as the 1996 RPP). A summary of the 1996 RPP is
provided in Appendix B of this document.
In addition to the 15% VOC emission reduction,
Section 182(d) of CAAA requires Delaware to submit a rateof-
progress plan, as a SIP revision, that will lead to VOC
and/or NOx emission reductions of at least 3% per year
between 1996 and 1999. These rate-of-progress emission
reductions are based on the states' 1990 emission levels.
This SIP revision for achieving VOC/NOx emission
reductions in the 1997-1999 period is termed as "Delaware
1999 Rate-of-Progress Plan (RPP)" (Reference 4, hereafter
referred to as the 1999 RPP). Delaware submitted the 1999
RPP to EPA for approval in December 1997, and amended
the plan in June 1999. A summary of the 1999 RPP is
provided in Appendix C of this document.
In the 1999 RPP, Delaware first established VOC
Source
Sector
Kent New Castle Total NAA
VOC NOx VOC NOx VOC NOx
Point
Sources
3.24 6.13 27.08 85.77 30.32 91.90
Stationary
Area
Sources
12.97 1.20 34.75 5.40 47.72 6.60
Off-Road
Mobile
Sources
3.49 7.89 16.67 18.78 20.17 26.67
On-Road
Mobile
Sources
13.07 10.62 35.28 27.06 48.35 37.68
Biogenic
Sources**
32.46 0.00 17.51 0.00 49.97 0.00
Total
Emission
s
65.23 25.84 131.30 137.00 196.53 162.85
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1626 PROPOSED REGULATIONS
and NOx emission targets for the milestone year of 1999 to
meet the rate-of-progress requirements specified in the
CAAA. Delaware then presented relevant control measures
being promulgated before the peak ozone season of 1999,
and demonstrated that through these control measures the
required VOC and NOx emission targets could be met in
1999. This subsection presents a brief discussion of the
major contents of the 1999 RPP.
2.2.1 Delaware 1999 VOC and NOx Emission
Targets
The rate-of-progress reductions in VOC and
NOx emissions for the period of 1990 to 1999 are estimated
from the 1990 baseline level. Before the 1999 VOC and
NOx emission targets can be calculated, the 1990 base year
emissions must be adjusted. First, Section 182(b)(1)(B)
defines the baseline emissions as the total actual VOC
emissions from all anthropogenic sources in the
nonattainment areas. Thus, the 1990 Base Year Inventory
VOC emissions in Table 1 must be modified to exclude
emissions from biogenic sources and sources outside the
nonattainment areas. In addition, emissions of
perchloroethylene (PERC) were included in the 1990 Base
Year Inventory because it was originally classified by EPA
as a photochemically reactive VOC contributing to the
formation of ozone. After Delaware's 1990 Base Year
Inventory was compiled, EPA reclassified PERC as
photochemically non-reactive. Therefore, PERC emissions
need to be subtracted from the 1990 Base Year Inventory.
The biogenic VOC emissions in the 1990 Base Year
Inventory are 32.460 TPD and 17.510 TPD for Kent and
New Castle Counties, respectively (Table 1). The PERC
emissions in Kent County are 0.188 TPD, all from the area
source sector. For New Castle County, the PERC emissions
are 0.140 TPD from the point source sector and 0.388 TPD
from the area source sector. Details of determination of the
PERC emissions can be found in Appendix A of Reference
4. After this modification, the total 1990 VOC and NOx
baseline emissions are 145.84 TPD and 162.85 TPD,
respectively.
The second adjustment is for the on-road
mobile source sector. According to Section 182(b)(1)(D) of
CAAA, emission reductions resulted from the Federal Motor
Vehicle Control Program (FMVCP) and Reid Vapor
Pressure (RVP) regulations promulgated prior to 1990 are
not creditable for achieving the rate-of-progress emission
reductions in the 1999 RPP. Therefore, the 1990 baseline
VOC and NOx emissions must be adjusted by removing the
VOC and NOx emission reductions expected from FMVCP
and RVP. Details of the adjustments are provided in Part 1
of Delaware 1999 RPP (Reference 4). Fro VOC emissions,
the FMVCP/RVP adjustments for Kent and New Castle
Counties are 3.48 TPD and 8.02 TPD, respectively. For
NOx emissions, the FMVCP/RVP adjustments for Kent and
New Castle Counties are 1.46 TPD and 2.49 TPD,
respectively. The results after these adjustments are the
1990 Baseline Emissions Adjusted to 1999, which are the
basis for calculating the required rate-of-progress emission
reductions and the emission targets for the milestone year
1999. The adjustments and results are summarized in Table
2.
Table 2. Delaware 1990 Baseline and Adjusted Baseline
Inventory
According to EPA's Guidance on the Post-1996 Rateof-
Progress Plan and the Attainment Demonstration
(Reference 5), the following equation should be used for
calculating emission targets for the milestone year of 1999:
ET1999 ??ET1996 ??ER1990 ?1999 ??FT1996 ?1999 (1)
where ET1999 = emission target for milestone year 1999,
ET1996 = emission target for milestone year 1996, ER1990-
1999 = emission reduction based on the 1990 baseline
adjusted to 1999 (inTable 2), and FT1996-1999 = fleet
turnover correction from 1996 to 1999. The fleet turnover
correction accounts for the emission reductions from the
gradual replacement of older pre-control vehicles by newer
vehicles with the control required by the CAAA. These fleet
turnover reductions cannot be used for achieving rate-ofprogress
emission targets (Reference 5). Therefore, the
emission reductions due to any fleet turnover during the
post-1996 milestone periods are not creditable for the
corresponding milestone year.
Details of using Eq. (1) to calculate the 1999 rate-ofprogress
VOC and NOx emission targets have been provided
Kent New Castle Total NAA
VOC NOx VOC NOx VOC NOx
1990 Base
Year
65.23 25.84 131.30 137.00 196.53 162.85
Biogenic/
PERC
Adjustmen
ts
32.65 0.00 18.04 0.00 50.69 0.00
1990
Baselines
32.58 25.84 113.26 137.00 145.84 162.85
FHMV/
RVP
Adjustmen
ts
3.48 1.46 8.02 2.49 11.50 3.95
1990
Baselines
adjusted to
1999
29.10 24.38 105.24 134.51 134.34 158.90
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1627
in Delaware 1999 RPP, as amended in June 1999 (Reference
4). The emission targets of 1999 for the entire Delaware
nonattainment area are 110.21 TPD and 148.96 TPD for
VOC and NOx, respectively.
2.2.2 Control Measures and Expected VOC/NOx
Emissions in 1999 RPP
To meet the 1999 VOC and NOx emission
targets determined in the previous subsection, Delaware has
proposed numerous control measures in its 1999 RPP. The
control measures include federal mandatory rules and
Delaware's regulations to be promulgated prior to the peak
ozone season of 1999 (Reference 4). These rules and
regulations cover a large variety of VOC and NOx emission
sources in all baseline source sectors. A list of the control
measures, along with their implementation dates, is given in
Table 3. Detailed descriptions of individual rules and
regulations have been presented in Delaware 1999 RPP, as
amended in June 1999 (Reference 4), and Delaware
Regulations Governing Control of Air Pollution (Reference
6).
Table 3. Control Measures Proposed in Delaware's 1999
RPP
Control Measures and
Regulations Creditability
Effective
Date
Point Source Controls
RACT "Catch-Ups" in Kent
County:
Solvent Metal Cleaning Creditable 31-May-95
Surface Coating of Metal
Furniture Creditable 31-May-95
Leaks from Synthetic Organic
Chemical, Creditable 31-May-95
Polymer, and Resin
Manufact. Equip.
New RACT Regulations:
Bulk Gasoline Marine Tank
Vessel Loading Facilities Creditable 31-Dec-95
SOCMI Reactor Processes
and Distillation Operations Creditable 01-Apr-96
Batch Processing Operations Creditable 01-Apr-96
Offset Lithography Creditable 01-Apr-96
Aerospace Coatings Creditable 01-Apr-96
Industrial Cleaning Solvents Creditable 29-Nov-94
Non-CTG RACT Creditable 31-May-95
Delaware NOx RACT Creditable 31-May-95
Regional NOx Control OTC
MOU Creditable 01-May-99
Federal Benzene Waste Rule Creditable
Spring
1995
Sanitary Landfills Creditable 09-Oct-93
Irreversible Process Changes Creditable 01-Jan-96
Stationary Area Source
Controls
RACT "Catch-Ups" in Kent
County:
Solvent Metal Cleaning Creditable 31-May-95
Cutback Asphalt Creditable 31-May-95
New RACT Regulations:
Stage IVapor Recovery-
Gasoline Dispensing Facilities Creditable 15-Nov-94
Emulsified Asphalt Creditable 31-May-95
MotorVehicle Refinishing Creditable 01-Apr-96
Offset Lithography Creditable 01-Apr-96
Aerospace Coatings Creditable 01-Apr-96
Stage IIVapor Recovery Creditable 15-Nov-94
Open Burning Creditable 08-Feb-95
Off-Road Mobile Source
Controls
Reformulated Fuel Creditable 01-Jan-95
New Emission Standards
Spark Ignition Engines Creditable
Court-
Ordered
Compression Ignition
Engines Creditable
Court-
Ordered
Marine Engines Creditable
Court-
Ordered
On-Road Mobile Source
Controls
FMVCP and RVP Noncreditable Pre-1990
Tier I Vehicle Emissions
Standards Creditable
Model Year
1994
a. Basic I/M for Kent County Creditable 01-Jan-91
b. ATP and Pressure Test for
Kent Creditable 01-Jan-95
ATP and Pressure Test for New
Castle Creditable 01-Jan-95
Reformulated Fuel Creditable 01-Jan-95
In the 1999 RPP, Delaware also projects the 1999 VOC
and NOx emissions in the peak ozone season assuming all
control measures listed in Table 3 could be implemented as
expected. The projections are termed as "control strategy
projections" and conducted following the methods and
procedures specified in EPA's guidance documents
(References 7, 8 and 9). In the projection calculations,
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1628 PROPOSED REGULATIONS
factors such as growth, control efficiency, rule effectiveness,
and rule penetration, are considered and incorporated
whenever appropriate for point sources, stationary area
sources and non-road mobile sources. Emission projections
for on-road mobile sources are conducted using EPA's
MOBILE5a software. Details of the control strategy
projections are presented in the 1999 RPP (Reference 4). A
summary of the 1999 VOC and NOx control strategy
emission projections is given inTable 4.
Table 4. Delaware 1999 Control Strategy Projections for
VOC and NOx Emissions (TPD)
Kent New Castle Total NAA
Source
Sector
VOC NOx VOC NOx VOC NOx
Point
Sources 1.28 5.03 21.33 67.06
22.61 72.09
Stationary
Area
Sources 10.25 0.96 28.00 4.72
38.25 5.68
Off-Road
Mobile
Sources 3.44 8.27 15.87 19.17
19.31 27.43
On-Road
Mobile
Sources 7.55 10.27 22.49 28.51
30.04 38.78
Total
Emissions
22.51 24.52 87.69 119.46 110.21 143.98
As shown inTable 4, the total VOC and NOx emissions
projected for 1999 in Delaware's nonattainment area (Kent
and New Castle Counties) are 110.21 TPD and 143.98 TPD,
respectively. The VOC projection is equal to the emission
target, while the NOx projection is lower than the target
(148.96 TPD). Therefore, the 1999 RPP concludes that its
proposed control measures are adequate and enough for
Delaware to meet CAAA's rate-of-progress requirements on
VOC and NOx emission reductions in the milestone year of
1999.
2.3 Delaware 1993, 1996 and 1999 Periodic Emission
Inventories
Under Section 182(a) of the CAAA, Delaware is
required to compile comprehensive periodic emission
inventories of ozone precursors for 1993, 1996, 1999, 2002
and 2005. The emission data in these periodic inventories
are either reported directly by individual sources (e.g., point
sources such as industrial facilities), or calculated from the
subject year activity data obtained from relevant sources or
other agencies (e.g., area sources). These periodic emission
inventories cover all sources included in Delaware 1990
Base Year Emission Inventory. Delaware's 1993 periodic
emission inventory (PEI) was submitted to EPA as a SIP
revision in January 1998 (Reference 10). A summary of the
1993 PEI is provided in Appendix D of this document.
Delaware's 1996 PEI was completed and submitted to EPA
in November 1999 (Reference 11). A summary of the 1996
PEI is provided in Appendix E of this document.
Delaware's1999 PEI was completed and its summary was
submitted to EPA in June 2002.
Emissions in the periodic emission inventories are
reported in tons per year (TPY) and in tons per day (TPD) in
the peak ozone season. For the purpose of this document,
only daily emissions (TPD) are needed. A summary of the
1993, 1996, and 1999 PEIs is presented in Table 5. In the
next section, the 1999 emission data in Table 5 will be used
to conduct the 1999 milestone compliance demonstration.
Table 5. Summary of Delaware's 1993, 1996 and 1999
Periodic Emission Inventories (TPD)
1993 PEI 1996 PEI 1999 PEI
Source
Sector
VOC NOx VOC NOx VOC NOx
Point
Sources
27.77 95.57 14.98 44.48 13.01 50.50
Stationary
Area
Sources
47.02 9.18 32.21 5.33 24.09 6.67
Off-Road
Mobile
Sources
20.50 26.80 21.08 27.03 20.76 23.23
On-Road
Mobile
Sources
40.51 41.25 33.61 44.72 30.83 37.28
TOTAL
EMISSIO
NS
135.80 172.80 101.87 121.55 88.69 117.68
2.4 Delaware 1996 Milestone Compliance
Demonstration
As mentioned earlier, under Sections 182(d) of
CAAA, Delaware was required to achieve in 1996 an actual
VOC emission reduction of at least 15% from its 1990 VOC
emission level. After Delaware finished its 1996 PEI in
November 1999, Delaware developed its 1996 milestone
compliance demonstration SIP in February 2000, in which
Delaware demonstrated that its 1996 VOC emission target
was successfully met (Reference 12). A copy of the 1996
Milestone Demonstration is provided in Appendix F of this
document. The main results of the 1996 demonstration
document are presented in Table 6. As indicated in Table 6,
the 1996 PEI VOC emission is 101.87 TPD, which is 12.0%
lower than the 1996 VOC emission target required by
CAAA. Therefore, the 1996 compliance with the rate-ofprogress
emission reduction requirement is successfully
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1629
demonstrated.
Table 6. 1996 Milestone Compliance Demonstration
Results*
*Data obtained from Reference 12.
3. Delaware 1999 Milestone Compliance Demonstration
3.1 Milestone Compliance Demonstration
In the 1999 RPP, Delaware determined that the
1999 targets of VOC and NOx emissions for its
nonattainment area (i.e., Kent and New Castle Counties)
were 110.21 TPD and 148.96 TPD, respectively, in the peak
ozone season. The 1999 RPP also assessed that, through
implementing necessary emission control measures
proposed therein, these emission targets could be achieved.
In the 1999 PEI, Delaware has shown that the actual total
VOC and NOx emissions in 1999 are 88.69 TPD and 117.68
TPD, respectively, in the peak ozone season. The 1999
emission targets and the 1999 PEI actual emissions are
summarized in Table 7. As indicated in Table 7, both actual
VOC and NOx emissions in the 1999 PEI are lower than the
required emission targets. Therefore, Delaware demonstrates
herein that its 1999 milestone compliance for VOC and NOx
emission reductions under CAAA's rate-of-progress
requirements has been successfully met.
Table 7. Milestone Compliance Demonstration for 1999
*(1999 PEI - 1999 Target)/1999 Target
4. Documentation
APPENDIX A. Summary of Delaware's 1990 Base Year
Emission Inventory
APPENDIX B. Summary of Delaware's 1996 (15%)
Rate-of-Progress Plan
APPENDIX C. Summary of Delaware's 1999 Rate-of-
Progress Plan and Its amendments APPENDIX D. Summary
of Delaware's 1993 Periodic Emission Inventory
Emission
(TPD)
1996
Required
Emission
Target
1996 Control
Strategy
Projection
1996 PEI
Actual
Emission
VOC 115.81 115.37 101.87
Emission
(TPD)
1999 Required
Emission
Target
1999 PEI
Actual
Emission
PEI vs.
Target*
Lower(-)/
Higher(+)
VOC 110.21 88.69 -19.5%
NOx 148.96 117.68 -21.0%
APPENDIX E. Summary of Delaware's 1996 Periodic
Emission Inventory
APPENDIX F. Delaware's 1996 Milestone Compliance
Demonstration
(Hard copies of these appendixes are available upon request.
Written requests should be addressed to Mr. R. Amirikian,
Planning Supervisor, PCP-AQM-DAWM, DNREC, 156
South State Street, Dover, DE 19901, or at e-mail address:
ronald.amirikian@state.de.us. The documents can be also
obtained from DNREC's website at http://
www.dnrec.state.de.us/air/aqm_page/aqm_nets.htm.).
DIVISION OF AIR AND WASTE MANAGEMENT
AIR QUALITY MANAGEMENT SECTION
Statutory Authority: 7 Delaware Code,
Chapter 60 (7 Del.C. Ch. 60)
1. Title Of The Regulations:
AMENDMENTS TO DELAWARE PHASE II
ATTAINMENT DEMONSTRATION For The Philadephiawilmington-
trenton Ozone Non-attainment Area Including a
Revision of the 2005 Mobile Source Emission Budgets
Using MOBILE6.
2. Brief Synopsis Of The Subject, Substance And
Issues:
The Clean Air Act Amendments of 1990 (CAAA)
requires Delaware to develop and submit to the U.S.
Environmental Protection Agency (EPA) a State
Implementation Plan (SIP) revision to demonstrate its
capability of attaining the 1-hour ozone National Ambient
Air Quality Standard in 2005. This SIP revision, termed as
the Phase II Attainment Demonstration, was originally
developed and submitted to EPA in May 1998. The SIP
revision was amended in January 2000, December 2000, and
July 2001. The purpose of this action is to amend the Phase
II Attainment Demonstration to reflect changes in the 2005
mobile source emission budgets using the new MOBILE6
emission model. No other changes to the plans are proposed.
3. Possible Terms Of The Agency Action:
None.
4. Statutory Basis Or Legal Authority To Act:
7 Del. C., Chapter 60, Environmental Control
Clean Air Act Amendments of 1990
5. Other Regulations That May Be Affected By The
Proposal:
None
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1630 PROPOSED REGULATIONS
6. Notice Of Public Comment:
A public hearing will be held on June 26, 2003
beginning at 6:00 PM in the DNREC Auditorium, 89 Kings
Highway, Dover, Delaware.
Prepared By:
Frank F. Gao, Project Leader, (302) 323-4542, May14,
2003
AMENDMENTS TO
Delaware Phase II Attainment Demonstration For The
Philadelphia-Wilmington-Trenton
Ozone Non-Attainment Area
Including A
Revision of the 2005 Mobile Source Emission Budgets
Using MOBILE6
Submitted To
U.S. Environmental Protection Agency
By
Delaware Department of Natural Resources and
Environmental Control Dover, Delaware
L
June 2003
Federal Clean A
amended by the Clean Ai 1990, P.L.
101-549, November 15, 1990
Delaware Phase ation for
Philadelphia-Wilmington-Trenton one Nonattainment Oz
ist of References
1. seq., as
2.
Area, Delaware Department of Natural Resources and
Environmental Control, Dover, Delaware, May 1998, as
amended in January 2000, December, 2000, and July 2001.
3. Memorandum: Policy Guidance on the Use of
MOBILE6 for SIP Development and Transportation
Conformity, from John S. Seitz, Director of Office of Air
Quality Planning and Standards, and Margo T. Oge, Director
of Office of Transportation and Air Quality, US EPA,
Washington D.C., January 18, 2002.
4. Delaware 1996 Milestone Demonstration for Kent
and New Castle Counties: Demonstrating Adequate
Progress toward Attainment of the 1-Hour National Ambient
Air Quality Standard for Ground-Level Ozone, Delaware
Department of Natural Resources and Environmental
Control, Dover, Delaware, January 2000.
5. The Delaware 2005 Rate-of-Progress Plan for Kent
and New Castle Counties, Delaware Department of Natural
Resources and Environmental Control, Dover, Delaware,
December 2000.
6. Delaware 1999 Milestone Compliance
Demonstration for Kent and New Castle Counties:
Demonstrating Adequate Progress toward Attainment of the
1-Hour National Ambient Air Quality Standard for Ground-
Level Ozone, Delaware Department of Natural Resources
and Environmental Control, Dover, Delaware, as proposed
in June 2003.
7. 64 FR 70444, December 16, 1999; Approval and
Promulgation of Air Quality Implementation Plans;
Delaware; One-hour Ozone Attainment Demonstration for
the Philadelphia-Wilmington-Trenton Ozone Nonattainment
Area; proposed rule.
8. 66 FR 54598, October 29, 2001; Approval and
Promulgation of Air Quality Implementation Plans;
Delaware; Post-1996 Rate-of-Progress Plans and One-hour
Ozone Attainment Demonstration for the Philadelphia-
Wilmington-Trenton Ozone Nonattainment Area; final rule.
9. Memorandum: Clarification of Policy Guidance for
MOBILE6 SIPs in Mid-Course Review Areas, from T. Helms
and L. Cook, Office of Air Quality Planning and Standards,
US EPA, Research Triangle Park, North Carolina, February,
2003.
1. Introduction
Under the Clean Air Act Amendments of 1990 (CAAA,
Reference 1), Kent and New Castle Counties in Delaware
are classified as severe nonattainment areas with respect to
the 1-hour National Ambient Air Quality Standard
(NAAQS) for ground-level ozone. The CAAA requires
Delaware to submit to the US Environmental Protection
Agency (EPA) a State Implementation Plan (SIP) revision to
demonstrate that the 1-hour ozone standard can be attained
in 2005 in these two counties with necessary and adequate
control measures for VOC and NOx emission sources. That
SIP revision, entitled "Delaware Phase II Attainment
Demonstration for Philadelphia-Wilmington-Trenton Ozone
Nonattainment Area," was originally submitted to EPA in
May 1998, and amended three times thereafter (Reference
2).
One requirement of EPA for a state's attainment
demonstration SIP revision is to set up on-road motor
vehicle VOC and NOx emission budgets for use in
transportation conformity analysis in that state. In its
amendments to the Phase II Attainment Demonstration SIP
in January 2000, Delaware set up these two budgets for 2005
using EPA's MOBILE5b model and including MOBILE5-
based Tier 2 benefits. In its amendments to the Phase II
Attainment Demonstration SIP in December 2000, Delaware
committed that it would revise the budgets within one year
after the release of the then-anticipated MOBILE6 model. In
January 2002, EPA officially released the MOBILE6 model.
The document proposed herein is to use MOBILE6
model to revise the on-road motor vehicle VOC and NOx
emission budgets in Delaware Phase II Attainment
Demonstration SIP, as amended in January 2000 (Reference
2). The agency with direct responsibility for preparing and
submitting this document is the Delaware Department of
Natural Resources and Environmental Control (DNREC),
Division of Air and Waste Management, Air Quality
Management Section (AQM), under the direction of Ali
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1631
Mirzakhalili, Program Administrator. The working
responsibility for this document falls within the Planning and
Community Protection (PCP) Branch of AQM, under the
management of Raymond H. Malenfant, Program Manager
II, and Ron Amirikian, Planning Supervisor. The following
staff members of PCP are responsible for the preparation of
this document:
Frank Gao, Ph.D., P.E., Environmental Engineer
Principal Author and Project Leader
Philip Wheeler, MRP, Environmental Planner
Lead person for MOBILE6 modeling
Comments and/or questions regarding this document
should be addressed to F. Gao at (302)323-4542, e-mail
Frank.Gao@state.de.us, or P. Wheeler at (302)739-4791, email
Philip.Wheeler@state.de.us, Air Quality Management
Section, DAWM-DNREC, 156 South State Street, Dover,
DE 19901.
2. Requirements from EPA on Use of MOBILE6 Model
In January 2002, EPA officially released the MOBILE6
model for states to use in their ozone SIP revisions and
transportation conformity analysis. In a policy guidance
regarding the use of MOBILE6 model (Reference 3), EPA
requires that, if a state used MOBILE5-based Tier 2 benefits
when it determined its previous on-road motor vehicle
emission budgets, the state must revise those budgets within
one year after MOBILE6 is released, and submit the revised
budgets to EPA as a SIP revision. Since Delaware used the
MOBILE5-based Tier 2 benefits in its last mobile budget
SIP submittal, Delaware needs to meet this requirement
upon the MOBILE6 release (See also References 7 and 8).
According to the same guidance, Delaware can revise its
motor vehicle emission budgets using MOBILE6 without
revising the entire Phase II Attainment Demonstration SIP or
completing additional modeling, if Delaware can satisfy the
following two criteria: (1) the SIP continues to demonstrate
attainment when the MOBILE6 is used to estimate motor
vehicle emissions and to set up new emission budgets, and
(2) the growth and control strategy assumptions for
stationary sources and non-road mobile sources continue to
be valid to maintain the overall conclusions of the SIP.
Delaware has decided not to revise the entire Phase II
Attainment Demonstration SIP and not to conduct additional
modeling. The second criterion above can be satisfied by the
following two documents: (1) Delaware 1996 Milestone
Demonstration for Kent and New Castle Counties
(Reference 4), and (2) Delaware 1999 Milestone
Compliance Demonstration for Kent and New Castle
Counties (Reference 6). In these two documents, Delaware
has successfully demonstrated that the overall emissions of
VOC and/or NOx in the 1996 and 1999 Periodical Emission
Inventories are below the rate-of-progress emission targets
for these two milestone years, which indicates continuous
adequate progress toward the attainment of the 1-hour ozone
standard in 2005.
In the following sections of this document, Delaware
will show that EPA's first criterion will be satisfied by
demonstrating that the MOBILE6 estimates of motor vehicle
emissions are equal to or lower than the previous MOBILE5
estimates for the attainment year of 2005, and that the
percentage changes in on-road motor vehicle emissions
when using MOBILE6 are the same or higher than the
percentage changes calculated using MOBILE5.
3. MOBILE6 Estimates of On-Road Mobile Source
Emissions
The MOBILE6 modeling has been conducted in-house
cooperatively by staff members of DNREC Air Quality
Management Section and DelDOT Division of Planning.
The modeling includes all control measures specified in
Delaware's 2005 Rate-of-Progress Plan (Reference 5).
Using the emission factors generated by MOBILE6 and the
latest planning assumption (i.e., the 2002 vehicle registration
data, VMT/speed data) currently available to the responsible
agencies (DNREC and DelDOT), the MOBILE6-based
motor vehicle emissions can be calculated. A detailed
summary of MOBILE6-based emission estimates is
presented in Appendix A of this document. The MOBILE6
model input files, output files, the emission factors generated
by MOBILE6, and the emission calculations are provided in
Appendix B of this document. The MOBILE6 estimates of
on-road motor vehicle emissions in the attainment year 2005
are summarized in Table 1.
Table 1. MOBILE6 Estimates of On-Road Motor Vehicle
Emissions in 2005.
*NAA: Non-Attainment Area.
4. Comparison of MOBILE6-Based Estimates and
MOBILE5-Based Estimates
The MOBILE5-based estimates of on-road motor
vehicle emissions in 2005 are presented in Table 2. These
estimates are also the on-road motor vehicle emission
budgets as specified in Delaware's Phase II Attainment
Demonstration SIP, as amended in January 2000 (Reference
2). Details of how Delaware conducted MOBILE5
modeling work and obtained these estimates are provided in
Delaware's 2005 Rate-of-Progress Plan (Reference 5).
Attainment
Year Kent County New Castle County Total NAA*
2005
Emissions (TPD)
VOC NOx
5.14 8.42
VOC NOx
15.08 21.28
VOC NOx
20.22 29.70
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1632 PROPOSED REGULATIONS
Attainment
Year
Kent County New
Castle
County Total NAA*
2005
Emission (TPD)
VOC NOx
4.84 7.91
VOC NOx
14.76 22.92
VOC NOx
19.60 30.83
Table 2. MOBILE5 Estimates of On-Road Motor Vehicle
Emissions in 2005.
*NAA: Non-Attainment Area.
** Estimates based on emission factors generated by
MOBILE5b model.
Comparison of MOBILE6-based estimates and
MOBILE5-based estimates can be made through the
following steps.
(1) For the total non-attainment area (NAA), the
MOBILE6-based VOC emission is 0.62 TPD higher than the
MOBILE5-based VOC emission (20.22 - 19.60 = +0.62
TPD), while the MOBILE6-based NOx emission is 1.13
TPD lower than the MOBILE5-based NOx emission (29.70
- 30.83 = - 1.13 TPD).
(2) Delaware's 1990 baseline VOC and NOx
emissions, as adjusted to the attainment year of 2005 using
MOBILE6 model, are 128.46 TPD and 152.83 TPD,
respectively (Appendix A). The ratio of VOC to NOx
baseline emissions is
VOC : NOx = 128.46 : 152.83 = 1 : 1.19
Using the above VOC-to-NOx emission ratio, the 0.62
TPD VOC emission increase due to using MOBILE6 is
equivalent to a 0.74 TPD NOx emission increase (0.62 x
1.19 = 0.74 TPD). This equivalent NOx emission increase is
smaller than the 1.13 TPD NOx emission decrease as
indicated in (1) above.
The above comparison indicates that in the attainment
year of 2005, the new MOBILE6 estimates are lower than
the MOBILE5 estimates previously presented in Delaware's
Phase II Attainment Demonstration SIP, as amended in
January 2000 (Reference 2).
In February 2003, EPA issued a memorandum that
provided additional clarifying guidance on how to
demonstrate attainment when using MOBILE6-based
estimates to replace MOBILE5-based estimates (Reference
9). According to this latest clarifying guidance, Delaware
should compare the percentage changes in the on-road
mobile source emissions between the 1990 base year and the
attainment year of 2005. If the percentage changes in the onroad
emissions when using MOBILE6 are the same or higher
than the percentage changes based on MOBILE5, a shortfall
is not indicated and Delaware's attainment demonstration
SIP continues to demonstrate attainment.
The above-mentioned comparison is accomplished and
summarized in Table 3. The MOBILE6 estimates in Table 3
are obtained from Appendix A of this document, while the
MOBILE5 estimates are obtained from Delaware 2005 Rateof-
Progress Plan (Reference 5). As indicated in Table 3, the
percentage changes in the on-road mobile emissions using
MOBILE6 are 62.6% and 26.2% for VOC and NOx,
respectively. The percentage changes using MOBILE5 are
58.3% and 18.1% for VOC and NOx, respectively. It is clear
that percentage changes in both VOC and NOx emissions in
the mobile sector are higher when using MOBILE6 than
using MOBILE5, which indicates that Delaware continues to
demonstrate attainment. Therefore, the first criterion
specified in EPA's MOBILE6 guidance document
(Reference 3) is satisfied. As mentioned in Section 2 of this
document, the second criterion has been satisfied as well.
Table 3. Comparison of Percentage Changes in On-Road
Mobile Emissions.
New
Kent County Castle County Total NAA
VOC NOx VOC NOx VOC NOx
MOBILE6
Estimates
1990 Base Year 11.84 9.24 42.16 31.03 54.00 40.27
2005 Attainment
Year 5.14 8.42 15.08 21.28 20.22 29.70
% reduction 56.6% 8.9% 64.2% 31.4% 62.6% 26.2%
MOBILE5b
Estimates
1990 Base Year 12.89 10.62 34.07 27.04 46.96 37.66
2005 Attainment
Year 4.839 7.905 14.76 22.92 19.60 30.83
% reduction 62.5% 25.6% 56.7% 15.2% 58.3% 18.1%
5. New MOBILE6-Based Motor Vehicle Emission
Budgets
Since the two criteria specified in EPA's MOBILE6
guidance document (Reference 3) are satisfied, Delaware
has decided to set the new MOBILE6-based estimates to be
the new on-road motor vehicle emission budgets for Kent
and New Castle Counties in the attainment year of 2005, as
presented in Table 4. After EPA determines that mobile
budgets established by this SIP revision are adequate, these
budgets shall be used to determine the conformity of
transportation plans and programs to the SIP (References 3,
7 and 8).
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1633
Table 4. New MOBILE6-Based Motor Vehicle Emission
Budgets for 2005.
Attainment
Year Kent County New Castle County Total NAA*
2005
Budgets (TPD)
VOC NOx
5.14 8.42
VOC NOx
15.08 21.28
VOC NOx
20.22 29.70
Appendixes
Appendix A: Summary of MOBILE6-Based Emission
* Non-attainment area. Estimates
New
Kent County CastleCounty
Inventory Title Total NAA
1990 Base Year
Mobile Sector
1990 Baseline Mobile
Sector
Adjusted to 1996
Adjusted to 1999
Adjusted to 2002
Adjusted to 2005
1990 Baseline All
Sectors
Adjusted to 2005*
Emissions with
controls
1996
1999
2002
2005**
VOC NOx VOC NOx VOC NOx
11.84 9.24 42.16 31.03 54.00 40.27
10.80 8.68 28.63 23.17 39.42 31.85
9.51 7.98 24.20 21.40 33.71 29.38
8.69 7.67 24.40 20.94 33.09 28.62
7.90 7.32 23.07 20.34 30.97 27.66
128.46 152.83
9.77 9.08 26.65 23.66 36.42 32.74
8.56 8.42 24.14 22.03 32.69 30.45
7.00 7.89 16.88 18.94 23.87 26.83
5.14 8.42 15.08 21.28 20.22 29.70
Notes:
* MOBILE6-based 1990 Baseline All Sector Adjusted to
2005 =
MOBILE5-based 1990 Baseline All Sector
Adjusted to 2005 -
MOBILE5-based 1990 Baseline Mobile Sector
Adjusted to 2005 +
MOBILE6-based 1990 Baseline Mobile Sector
Adjusted to 2005
where MOBILE5-based data are obtained from Delaware
2005 Rate-of-Progress Plan (Reference 5).
** The 2005 emissions with controls are calculated using the
2002 vehicle registration data, daily Vehicle Miles Traveled
(VMT) and speeds of vehicles on the FHWA Functional
Classes of Highways (as the latest planning assumptions
currently available to DNREC and DelDOT).
Appendix B: MOBILE6 Input/Output Files and
Emission Calculations
Due to the large volumes of the input and output files,
hard and/or electric copies will be available only upon
request. Written request should be addressed to Phil Wheeler
at Philip.Wheeler@state.de.us or AQM-DNREC, 156 South
State Street, Dover, DE 19901.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1634 PROPOSED REGULATIONS
DIVISION OF FISH AND WILDLIFE
Statutory Authority: 7 Delaware Code,
Sections 103 and 1902 (7 Del.C. §§103, 1902)
1. Title Of The Regulations:
Horseshoe Crab Regulations
2. Brief Synopsis Of The Subject, Substance And
Issues:
This regulatory package consists of a comprehensive
revision, re-titling, and re-numbering of Shellfish
Regulations S-50 through S-61, plus new regulations
specific to horseshoe crabs. This revision will create a
stand-alone section in the Shellfish Regulations specific to
horseshoe crabs. This regulatory package establishes a
seasonal closure on horseshoe crab harvesting, proposes
yearly harvest limits, defines what percentage of the total
annual harvest may be taken in dredges prior to the seasonal
closure, eliminates by-catch provisions, refines licensing and
reporting requirements, sets limits on the amount of
horseshoe crabs that may be used as bait in any one shellfish
or finfish pot, and requires the use of bait saving devices
when horseshoe crabs are used as bait in conch pots.
3. Possible Terms Of The Agency Action:
These regulations must, as a minimum, meet the
compliance guidelines contained with the Horseshoe Crab
Fishery Management Plan administered by the Atlantic
States Marine Fisheries Commission.
4. Statutory Basis Or Legal Authority To Act:
7 Delaware Code, §103 and §1902
5. Other Regulations That May Be Affected By The
Proposal:
None
6. Notice Of Public Comment:
Individuals may present their opinions and evidence
and/or request additional information by writing, calling or
visiting the Fisheries Section, Division of Fish and Wildlife,
89 Kings Highway, Dover, Delaware 19901, (302)739-3441.
A public hearing on these proposed amendments and new
regulations will be held at the Department of Natural
Resources and Environmental Control Auditorium at 89
Kings Highway, Dover, DE at 7:30 PM on June 23, 2003.
The record will remain open for written, faxed, or e-mailed
comments until 4:30 PM June 30, 2003. E-mail should be
addressed to Roy.Miller@state.de.us.
The following regulations are adopted pursuant to Title
7, Delaware Code, Chapters 1, 18, 19, 27, and 28.
2S-50 HC-1 Definitions
The following definitions shall apply to terms in
Chapter 27, Title 7, Delaware Code relative to horseshoe
crabs.
1) 'Dispose of said crabs properly' shall mean
bury on the beach, incorporate into soil as fertilizer or any
other method approved by the Department.
2) Personal, non-commercial use' shall mean to be
used as food, fertilizer or bait or otherwise properly disposed
without trading, bartering, or selling by one individual to
another, or without transporting, shipping, or causing to be
transported or shipped, out of state.
3) 'Collect' shall mean to take live horseshoe
crabs by any means other than by dredge.
4) 'Dredge' shall mean to use any device to gather,
scrape, scoop, fish for or otherwise take bottom dwelling
horseshoe crabs.
5) 'Bait saving device' shall mean any device that
when so deployed in or on a pot reduces either the rate at
which bait, meaning horseshoe crabs or parts thereof, must
be replenished or reduces the number or quantity of
horseshoe crabs used as bait.
HC - 2 Horseshoe Crabs As Bait In Pots; Conch Pots
(a) It shall be unlawful for any person to place more
than one-half of a female horseshoe crab or one male
horseshoe crab as bait in any type of pot on any one day in
the waters of this State.
(b) It shall be unlawful for any person to fish with a
conch pot that is not equipped with a bait saving device,
provided that a horseshoe crab or parts thereof are used as
bait.
S - 51 HC-3 Seasons And Area Closed To Taking
Horseshoe Crabs With Dredges
(a) It shall be unlawful for any person to collect or
dredge or attempt to collect or dredge by means of a dredge
horseshoe crabs from any state or federal land owned in fee
simple or the tidal waters of this state during a period
beginning at 12:01 am on May 1 and continuing through
midnight, June 30, next ensuing. except that It shall be
lawful for persons with valid horseshoe crab collecting
permits and eel licensees and their alternates may to collect
horseshoe crabs on Tuesday and Thursday from state owned
lands to the east of state road No. 89 (Port Mahon Road)
from 12:01 a.m. on June 8 and continuing through midnight
on June 30.
(b) It shall be unlawful for any person to collect or
attempt to collect, any horseshoe crabs from any land not
owned by the state or federal government during the period
beginning at 12:01 a.m. on May 1 and continuing through
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1635
midnight, June 7 30, next ensuing., except that It shall be
lawful, during a period beginning at 12:01 a.m. on June 8
and continuing through midnight on June 30, for persons
with valid horseshoe crab collecting permits and eel
licensees and their alternates to may collect horseshoe crabs
on Mondays, Wednesdays and Fridays from such private
lands.
(c) It shall be unlawful for any person to collect or
attempt to collect any horseshoe crabs from any land not
owned by the State or federal government unless said person
has on his or her person written permission, signed by the
owner of said land with the owner's address and phone
number, indicating the individual to whom permission to
collect horseshoe crabs is granted.
(d) It shall be unlawful for any person to collect or
dredge or to attempt to collect or dredge horseshoe crabs at
any time prior to May 1 in any given year after during a
calendar year after 35% of the annual quota of the date the
Department determines the annual quota of horseshoe crabs
are, approved for Delaware by the Atlantic States Marine
Fisheries Commission, is landed."
S-52 HC-4 Requirement For Collecting Horseshoe
Crabs For Persons Under 16
(a) It shall be unlawful for any person with a valid
horseshoe crab collecting permit to collect any horseshoe
crabs as an alternate to a person with a valid commercial eel
fishing license.
(b) It shall be unlawful for any person under the age of
sixteen (16) years to possess more than six (6) any horseshoe
crabs unless accompanied by a person who has been issued a
valid horseshoe crab scientific collecting, commercial
collecting or dredge permit.
S-53 HC-5 Number Of Persons Accompanying A
Person With A Valid Horseshoe Crab Collecting Permit
(a) It shall be unlawful for any person with a valid
horseshoe crab commercial collecting permit when
collecting horseshoe crabs to be assisted by more than three
(3) persons under the age of 16 who are not required to have
valid horseshoe crab commercial collecting permits.
(b) It shall be unlawful for any person 16 years of age
or older who does not have a valid commercial horseshoe
crab collecting permit, to assist any person with a valid
commercial horseshoe crab collecting permit in the
handling, loading or driving a vehicle used to transport
horseshoe crabs collected by said horseshoe crab collecting
permittee while within 300 feet of the shoreline of the water
from which said horseshoe crabs are collected or the point on
shore where said horseshoe crabs are landed from a vessel.
S-54 HC-6 Possession Limit Of Horseshoe Crabs,
Exceptions
(a) Unless otherwise authorized, it shall be unlawful
for any person to possess more than six (6) a horseshoe
crabs, except a person with a validated receipt from a person
with a valid horseshoe crab commercial collecting or dredge
permit for the number of horseshoe crabs in said person's
possession. A receipt shall contain the name, address and
signature of the supplier, the date and the number of
horseshoe crabs obtained.
(b) Any person who has been issued a valid
commercial eel fishing license by the Department or said
person's alternate while in the presence of the licensee, is
exempt from the prohibition on the possession limit of six
(6) horseshoe crabs, provided said commercial eel fishing
licensee has submitted all required reports of his/her and his/
her alternate's previous week's harvest of horseshoe crabs
with the Department in accordance with S-57 HC-10. Any
person who has been issued a commercial eel fishing license
and said person's alternate while in the presence of the
licensee, may collect horseshoe crabs by hand without a
horseshoe crab commercial collecting permit provided all
horseshoe crabs taken are for personal, non-commercial use,
as bait for the licensee's eel pots fished in this state.
(c) It shall be unlawful for any person with a valid
commercial eel fishing license to be assisted in collecting
horseshoe crabs by any person who is not listed on his
commercial eel fishing license as the alternate.
(d) Any person with both a valid commercial eel
fishing license and a valid commercial horseshoe crab
collecting permit shall be considered as a commercial
horseshoe crab collecting permittee for purposes of
enforcing the provisions of chapter 27, 7 Del. C. Chapter 27
and/or shellfish regulations pertaining to horseshoe crabs.
(e) It shall be unlawful for any person with a valid
commercial eel fishing license to commingle any horseshoe
crabs collected either by said commercial eel fishing licensee
or by his or her alternate with horseshoe crabs either
collected by a person with a valid horseshoe crab dredge
permit or by a person with a valid commercial horseshoe
crab collecting permit.
(f) It shall be unlawful for any person with a valid
horseshoe crab dredge permit or with a valid commercial
horseshoe crab collecting permit to commingle any
horseshoe crab dredged or collected by said horseshoe crab
dredge permittee or horseshoe crab collecting permittee with
horseshoe crabs collected by any person with a valid
commercial eel fishing license.
(g) It shall be unlawful for any person to possess more
than 300 cubic feet of horseshoe crabs except in a stationary
cold storage or freezer facility.
(h) It shall be unlawful for any person to collect or
attempt to collect more than 300 cubic feet of horseshoe
crabs during any 24 hour period beginning at 12:01 AM and
continuing through midnight next ensuing.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1636 PROPOSED REGULATIONS
S-55 HC-7 Horseshoe Crab Dredging Restrictions
(a) It shall be unlawful for any person to dredge
horseshoe crabs in the area in Delaware Bay designated as
leased Sshellfish grounds except on one's own leased
shellfish grounds or with permission from the owner of
leased shellfish grounds. The area in Delaware Bay
designated as leased shellfish grounds is within the
boundaries that delineate leasable shellfish grounds and is
described as follows: Starting at a point on the "East Line"
in Delaware at Loran-C coordinates 27314.50/42894.25 and
continuing due east to a point at Loran-C coordinates
27294.08/42895.60 and then 27270.80/42852.83 and then
continuing southwest to a point at Loran-C coordinates
27281.31/42803.48 and then continuing west to a point at
Loran-C coordinates 27280.75/42795.50 and then in a
northerly direction on a line 1000' offshore, coterminous
with the existing shoreline to the point of beginning on the
"East Line."
(b) It shall be unlawful for any person, who operates a
vessel and has on board said vessel a dredge of any kind, to
have on board or to land more than 1500 horseshoe crabs
during any 24 hour period beginning at 12:01 a.m. and
continuing through midnight next ensuing.
(c) It shall be unlawful for any person, who operates a
vessel and has on board said vessel a dredge of any kind, to
have or possess on board said vessel any horseshoe crabs
at any time during the period beginning 12:01 a.m. on May 1
and continuing through midnight, June 30, next ensuing.
(d) It shall be unlawful for any person to land
horseshoe crabs taken from the Exclusive Economic Zone
unless said person has a valid horseshoe crab dredge permit."
S-55-A HC-8 Horseshoe Crab Dredge Permit Lottery
(a) The Department of Natural Resources and
Environmental Control shall hold an annual lottery to select
eligible individuals for the five horseshoe crab dredge
permits authorized to be issued each year if more than five
applications are received by the Department. Applications
for an annual commercial horseshoe crab permit shall be
accepted by the Department until 4:30 PM December 31 or
4:30 PM on the Friday preceding if December 31 is a
Saturday or Sunday. If an annual lottery is necessary it shall
be conducted at 1:00 PM on January 1, or the first work day
thereafter, in the Richardson and Robbins Building, 89
Kings Highway, Dover, Delaware."
(b) To be eligible an applicant for a horseshoe crab
dredge permit shall be the current holder of and oyster
harvesting license issued by the Department."
Note: This regulation was adopted by order of the Secretary
on March 4, 1997, as "S-55." However, with the adoption of
a second S-55 ("Horseshoe Crab Dredging Restrictions") on
February 11, 1998, this regulation has been designated as "S-
55-A.
S-56 HC-9 Horseshoe Crab Sanctuaries
(a) All state and federal lands owned in fee simple are
horseshoe crab sanctuaries during the period beginning
12:01 a.m. on May 1 through midnight June 30.
(b) Any land owner(s) may register their land with the
Department to be designated as a horseshoe crab sanctuary
for a period to be specified by the land owner(s).
(c) It shall be unlawful to collect any horseshoe crabs
at any time from a horseshoe crab sanctuary except as
provided in S-51 HC-3 (a)."
S-57 HC-10 Horseshoe Crab Reporting
Requirements
(a) It shall be unlawful for any person who has been
issued a horseshoe crab dredge permit, a horseshoe crab
commercial collecting permit or a commercial eel pot license
to not report his/her harvest of horseshoe crabs to the
Department on a weekly basis. Said weekly reports shall not
be required to be submitted to the Department during any
month said person indicates previously in writing to the
Department that he/she will not be harvesting horseshoe
crabs. Any person required to submit a weekly report on his/
her harvest of horseshoe crabs to the Department shall
submit said report on or before 4:30PM on the Monday
following the week covered by said report. If Monday is a
legal State holiday, said report shall be submitted on or
before 4:30PM on Tuesday, next ensuing. For purposes of
this section, a week shall commence at 12:01AM on Monday
and conclude at midnight on Sunday, next ensuing. Said
report shall include but not be limited to said person's unique
identification number assigned by the Department, the dates
and location horseshoe crabs were harvested, the number
and sex of horseshoe crabs harvested and the method of
harvest of horseshoe crabs. Said report shall be submitted to
the Department by telephone by calling a phone number,
dedicated by the Department for the reporting of harvested
horseshoe crabs, and entering the required data by code or
voice as indicated.
(b) Any person who fails to submit a weekly report on
his/her harvest of horseshoe crabs to the Department on time
shall have his/her permit to dredge or his/her permit or
authority to collect horseshoe crabs suspended until all
delinquent reports on harvested horseshoe crabs are received
by the Department."
(c) In addition to the requirement to phone in weekly
catch reports, horseshoe crab collectors and harvesters and
commercial eel fishermen are required to compile and file
monthly log sheets detailing daily landings of horseshoe
crabs on forms supplied by the Department. These forms
must be submitted by the 10th day of the month next
ensuing. Failure to submit these monthly reports on a timely
basis may be cause for horseshoe crab collecting or
horseshoe crab dredge permit revocation or non-renewal of
said permit the following year; or in the case of a
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
PROPOSED REGULATIONS 1637
commercial eel licensee, forfeiture of permission to possess
or use horseshoe crabs as bait for the remainder of the year.
S-59 HC-11 Horseshoe Crab Commercial Collecting
Permit Eligibility And Renewal Requirements
(a) The Department may only issue a horseshoe crab
commercial collecting permit to a person who makes
application for such a permit in calendar year 1998, and who,
prior to July 1, 1997, had applied for and secured from the
Department at least 2 valid horseshoe crab commercial
collecting permits. Any person holding a horseshoe crab
commercial collecting permit in 1998 may apply for renewal
of their horseshoe crab commercial collecting permit by
April 1 each year. Failure of If any person holding a
horseshoe crab commercial collecting permit from the
previous year fails to apply for renewal of their horseshoe
crab commercial collecting permit by April 1, will limit they
forfeit their eligibility to obtain a horseshoe crab
commercial collecting permit in the future. in the lottery
process of subsection (b).
(b) When the total number of horseshoe crab
commercial collecting permits drops to 45 or below, as of
April 2 of any year, the Department may schedule a lottery
to take place prior to April 30 of that year to allow the total
number of horseshoe crab commercial collecting permits to
increase to 50."
S-60 HC-12 Prohibitions; Sale Of Horseshoe Crabs
(a) It shall be unlawful for any person who collects or
dredges horseshoe crabs, except a person with a valid
horseshoe crab commercial collecting permit or a person
with a valid horseshoe crab dredge permit, to sell, trade and/
or barter or to attempt to sell, trade and/or barter any
horseshoe crab."
S-61 HC-13 Collecting Horseshoe Crabs At Night,
Prohibited
(a) It shall be unlawful for any person with a valid
commercial eel fishing license to collect horseshoe crabs
between sunset and sunrise."
S-62 HC-14 Horseshoe Crab Annual Harvest Limit
(a) The annual harvest limit for horseshoe crabs taken
and/or landed in the State shall be 150,000 or whatever the
Atlantic States Marine Fisheries Commission has approved
as Delaware's current annual quota, whichever number is
less.
(b) When the Department has determined that the
annual horseshoe crab quota has been met, the Department
shall order the horseshoe crab fishery closed and no further
horseshoe crabs may be taken during the remainder of the
calendar year.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1638 FINAL REGULATIONS
Symbol Key
Roman type indicates the text existing prior to the regulation being promulgated. Underlined text indicates new text
added at the time of the proposed action. Language which is stricken through indicates text being deleted. [Bracketed Bold
language] indicates text added at the time the final order was issued. [Bracketed stricken through] indicates language
deleted at the time the final order was issued.
Final Regulations
The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in
the Register of Regulations. At the conclusion of all hearings and after receipt within the time allowed of all written materials,
upon all the testimonial and written evidence and information submitted, together with summaries of the evidence and
information by subordinates, the agency shall determine whether a regulation should be adopted, amended or repealed and
shall issue its conclusion in an order which shall include: (1) A brief summary of the evidence and information submitted; (2)
A brief summary of its findings of fact with respect to the evidence and information, except where a rule of procedure is being
adopted or amended; (3) A decision to adopt, amend or repeal a regulation or to take no action and the decision shall be
supported by its findings on the evidence and information received; (4) The exact text and citation of such regulation adopted,
amended or repealed; (5) The effective date of the order; (6) Any other findings or conclusions required by the law under
which the agency has authority to act; and (7) The signature of at least a quorum of the agency members.
The effective date of an order which adopts, amends or repeals a regulation shall be not less than 10 days from the
date the order adopting, amending or repealing a regulation has been published in its final form in the Register of Regulations,
unless such adoption, amendment or repeal qualifies as an emergency under §10119.
DELAWARE FIRE PREVENTION
COMMISSION
Statutory Authority: 16 Delaware Code,
Section 6603 (16 Del.C. §6603)
ORDER
The State Fire Prevention Commission ("the
Commission") held a properly noticed, public hearing on
April 24, 2003 to receive comments on proposed additions,
revisions, deletions, modifications and reservations to
Commission Regulations. (Attached to this Order as
"Exhibit A"). The attendance sheets and transcribed minutes
of this hearing are attached to this Order as Exhibit "B" in
lieu of a statement of the summary of the evidence.
Similarly, those written comments received by the
Commission and introduced into evidence at the hearing of
the State Fire Marshal and other speakers are attached to this
Order as Exhibit "C".
Based upon the evidence received, the Commission
finds the following facts to be supported by the evidence:
1. There was no public comment received concerning
the following proposed regulations:
Part I, Annex A Adopted NFPA Codes &
Standards
Part I, Annex B Additions, Deletions &
Changes to Codes &
Standards Listed in Annex B
except for National
Electric Code
Part I. Chapter 2 Definitions
Part II, Chapter 6 Standard for Fire Flow for
Fire Protection
Part II, Chapter 7 Minimum Requirements for
Water Suppliers
Part III, Chapter 2 Sales & Servicing of
Portable Fire Extinguishers
Part III, Chapter 3 Standard for Fire Hydrant
Maintenance, Inspection,
Testing & Marketing
Part III, Chapter 4 Licensing Regulations for
Fire ALarm Signaling
Systems
Part III, Chapter 5 Licensing Regulations for
Fire Suppression Systems
Part III, Chapter 6 Licensing Regulations for
Fire Alarm Signaling
Systems In-House
Licensee's
Part III, Chapter 7 Licensing Regulations for
Fire Suppression Systems
In-House Licensee's
Part III, Chapter 8 Licensing and Reporting
Requirements for Central
Station and Remote Station
Services
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1639
Part IV, Chapter 2 Fireworks Display
Part IV, Chapter 3 Explosive, Ammunition,
Blasting Agents Part IV,
Part V, Chapter 5 Standard for the Marking,
Identification and Accessibility
of Fire Lanes, Exits,
Fire Hydrants, Sprinkler, and
Standpipe Connections
Part V, Chapter 5 Figures 1 through 9
2. The National Electrical Code does not require that
hard wired smoke detectors in dwelling unit bedrooms be
placed on a circuit that cannot be interrupted. The State Fire
Marshal's Office recommends that such smoke detectors be
on a circuit dedicated to smoke detectors and physically
protected from being inadvertently opened. The
Commission heard opposition to this change based on the
possible lack of notice to the occupant of a power failure to
the detector, if the detector is not on a light circuit.
3. The present practice to collect fees for Certificates
of Inspection are inefficient and/or ineffective and the
proposed changes to Part III, Chapter I would remedy this.
These changes would also help ensure quality services,
provide resources, and assist public safety efforts by
focusing on fire protection systems.
4. The Commission accepts the testimony in support
of the changes to Part III, Chapter I, and notes that the only
adverse comments questioned what activities were funded
by the fees.
5. The requirement for "panic hardware" should
indicate "13 or more clients" and this is a more favorable
regulations for the regulated provider.
THE LAW
The State Fire Prevention Commission's rulemaking
authority is provided by 19 Del., C. §6603 that states
"The State Fire Prevention Commission shall have the
power to promulgate, amend and repeal regulations for the
safeguarding of life and property from the hazards of fire and
explosion. Such regulations, amendments or repealers shall
be in accordance with standard safe practice as embodied in
widely recognized standards of good practice for the fire
prevention and fire protection and shall have the force and
effect of law in the several counties, cities and political
subdivision of the State.
DECISION
The Commission hereby adopts the Regulations as
proposed with the alterations and clarifications noted in this
Order and a copy of the Regulations as adopted is attached to
this Order. The Commission relies upon its expertise in this
area and the evidence presented in the testimony and
documents submitted especially the submission on behalf of
the State Fire Marshal and witnesses in support of the
changes.
IT IS SO ORDERED this 13th day of May, 2003.
STATE FIRE PREVENTION COMMISSION
Kenneth H. McMahon, Chairman
W. (Bill) Betts, Jr., Vice-Chairman
Carlton E. Carey, Sr.
Frances J. Dougherty
Robert Ricker
Daniel W. McGee
Dale Calloway
Part I, Annex A
Adopted NFPA Codes & Standards
Numerical Listing
Each of the following Codes and Standards, published
by the National Fire Protection Association, Batterymarch
Park, Quincy, MA 02269, are hereby adopted in their
entirety with the exception of any changes, additions or
deletions as listed in Annex B of these Regulations as a
supplement and addition to the Delaware State Fire
Prevention Regulations. The text of these adopted Codes
and Standards shall be fully enforceable as provisions of
these Regulations as if the same were incorporated and set
forth at length herein. If a newer Code or Standard has been
adopted and issued by the National Fire Protection
Association, the State Fire Marshal may accept the newer
Code or Standard as an alternative, provided that such Code
or Standard affords an equivalent level of safety in the
opinion of the State Fire Marshal. Where the Codes or
Standards as listed herein, are updated versions of adopted
Codes or Standards, the updated versions will replace the
existing versions in these Regulations.
NFPA DATE OF
NO. PUBLICATION TITLE
101 2002 Standard for Portable Fire
Extinguishers
10R 1992 Portable Fire Extinguishing
Equipment in Family Dwellings and
Living Units, Recommended Practice
for
111 2002 Standard for Low-Expansion Foam
11A1 1999 Standard for Medium- and High-
Expansion Foam Systems
121 2000 Standard on Carbon Dioxide
Extinguishing Systems
12A1 1997 Standard on Halon 1301 Fire
Extinguishing Systems
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1640 FINAL REGULATIONS
131,3 2002 Standard for the Installation of
Sprinkler Systems
13D1,3 2002 Standard for the Installation of
Sprinkler Systems in One- and Two-
Family Dwellings and Manufactured
Homes
13R3 2002 Standard for the Installation of
Sprinkler Systems in Residential
Occupancies Up To and Including
Four Stories in Height
143 2000 Standard for the Installation of
Standpipe, Private Hydrant and Hose
Systems
151 2001 Standard for Water Spray Fixed
Systems for Fire Protection
161 1999 Standard for the Installation of Deluge
Foam-Water Sprinkler Systems and
Foam-Water Spray Systems
16A 1994 Standard for the Installation of
Closed-Head Foam-Water Sprinkler
Systems
171 2002 Standard for Dry Chemical
Extinguishing Systems
17A1 2002 Standard on Wet Chemical
Extinguishing Systems
18 1995 Standard on Wetting Agents
20 1999 Standard for the Installation of
Stationary Pumps for Fire Protection
22 1998 Standard for Water Tanks for Private
Fire Protection
241 2002 Standard for the Installation of Private
Fire Service Mains and Their
Appurtenances
251 2002 Standard for the Inspection, Testing,
and Maintenance of Water-Based Fire
Protection Systems
301,3 2000 Flammable and Combustible Liquids
Code
30A1,3 2000 Motor Fuel Dispensing Facilities
30B1 2002 Code for the Manufacture and Storage
of Aerosol Products
311 2001 Standard for the Installation of Oil-
Burning Equipment
321 2000 Standard for Drycleaning Plants
331 2000 Standard for Spray Application Using
Flammable and Combustible
Materials
341 2000 Standard for Dipping and Coating
Processes Using Flammable or
Combustible Liquids
351 1999 Standard for the Manufacture of Organic
Coatings
361 2001 Standard for Solvent Extraction Plants
371 2002 Standard for the Installation and Use of
Stationary Combustion Engines and Gas
Turbines
401 2001 Standard for the Storage and Handling of
Cellulose Nitrate Film
40E 1993 Code for the Storage of Pyroxylin Plastic
422 2002 Code for the Storage of Pyroxylin Plastic
43B 1993 Code for the Storage of Organic Peroxide
Formulations
43D 1994 Code for the Storage of Pesticides in
Portable Containers
451 2000 Standard on Fire Protection for
Laboratories Using Chemicals
501 2001 Standard for Bulk Oxygen Systems at
Consumer Sites
50A1 1999 Standard for Gaseous Hydrogen Systems
at Consumer Sites
50B1 1999 Standard for Liquefied Hydrogen Systems
at Consumer Sites
511 2002 Standard for the Design and Installation of
Oxygen-Fuel Gas Systems for Welding,
Cutting, and Allied Processes
51A1 2001 Standard for Acetylene Cylinder Charging
Plants
51B1 1999 Standard for Fire Prevention During
Welding, Cutting, and other Hot Work
521 2002 Standard for Compressed Natural Gas
(CNG) Vehicular Fuel Systems
541,3 2002 National Fuel Gas Code
551 2001 Standard for Compressed and Liquefied
Gases in Portable Cylinders
571 2002 Standard for Liquefied Natural Gas (LNG)
Vehicular Fuel Systems
581,3 2001 Liquefied Petroleum Gases
591 2001 Utility LP-Gas Plant Code
59A1 2001 Standard for the Production, Storage and
Handling of Liquefied Natural Gas (LNG)
611 2002 Standard for the Prevention of Fire and
Dust Explosions in Agricultural and Food
Products Facilities
[65 1993 Standard for the Processing and
Finishing of Aluminum]
682 2002 Venting of Deflagrations, Standard of
691 2002 Standard on Explosion Prevention Systems
701,3 2002 National Electrical Code
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1641
88
721 2002 National Fire Alarm Code
731 2000 Residential Electrical Maintenance Code
for One- and Two-Family Dwellings
75 1 1999 Standard for the Protection of Electronic
Computer/ Data Processing Equipment
762 2002 Telecommunications Facilities
791 2002 Electrical Standard for Industrial
Machinery
801 1999 Standard for Fire Doors and Windows
821 1999 Standard on Incinerators, Waste and Linen
Handling Systems and Equipment
861 1999 Standard for Ovens and Furnaces
86C1 1999 Standard for Industrial Furnaces Using a
Special Processing Atmosphere
88B 1997 Standard for Repair Garages
90A1 2002 Standard for the Installation of Air
Conditioning and Ventilating Systems
90B 1 2002 Standard for the Installation of Warm Air
Heating and Air Conditioning Systems
911 1999 Standard for Exhaust Systems for Air
Conveying Vapors, Gases, Mists, and
Noncombustible Particulate Solids
92A1 2000 Recommended Practice for
Smoke-Control Systems
92B1 2000 Smoke Management Systems in Malls,
Atria and Large Areas
961 2001 Standard for Ventilation Control and Fire
Protection of Commercial Cooking
Operations
991, 3 2002 Standard for Health Care Facilities
1013 2000 Safety to Life from Fire in Buildings and
Structures
102 1995 Standard for Grandstands, Folding and
Telescopic Seating, Tents, and Membrane
Structures
1101 2002 Standard for Emergency and Standby
Power Systems
1112 2001 Stored Electrical Energy Emergency and
Standby Power Systems
1201 1999 Standard for Coal Preparation Plants
1501 2000 Standard on Fire Safety in Race Track
Stables
1701 2002 Standard for Fire Safety Symbols
2111 2000 Standard for Chimneys, Fireplaces, Vents,
and Solid Fuel-Burning Appliances
2141 2000 Standard on Water-Cooling Towers
A 1 2002 Standard for Parking Structures
220 1999 Standard on Types of Building
Construction
2211 2000 Standard for Fire Walls and Fire Barrier
Walls
230 1999 Fire Protection of Storage
231D 1994 Standard for Storage of Rubber Tires
231F1 1996 Standard for the Storage of Roll Paper
418
2321 2000 Standard for the Protection of Records
2411 2000 Standard for Construction, Alteration, and
Demolition Operations
3021 1998 Fire Protection Standard for Pleasure and
Commercial Motor Craft
3031 2000 Fire Protection Standard for Marinas and
Boatyards
3061 2001 Standard for the Control of Gas Hazards
on Vessels
3071 2000 Standard for the Construction and Fire
Protection of Marine Terminals, Piers and
Wharves
3121 2000 Standard for Fire Protection of Vessels
During Construction, Repair and Lay-up
3261 1999 Standard Procedures for the Safeguarding
Tanks and Containers
327 1993 Standard Procedures for Cleaning or
Safeguarding Small Tanks and Containers
Without Entry
385 1990 Standard for Tank Vehicles for Flammable
and Combustible Liquids
386 1990 Standard for Portable Shipping Tanks for
Flammable and Combustible Liquids
3953 1993 Standard for Storage of Flammable and
Combustible Liquids on Farms and
Isolated Sites
4071 2001 Standard for Aircraft Fuel Servicing
4081 1999 Standard on Aircraft Hand Portable Fire
Extinguishers
4091 2001 Standard on Aircraft Hangars
4101 1999 Standard on Aircraft Maintenance
4151 2002 Standard on Airport Terminal Buildings,
Fueling Ramp Drainage, and Loading
Walkways
416 1993 Standard on Construction and Protection
of Airport Terminal Buildings
417 1990 Standard on Construction and Protection
of Aircraft Loading Walkways
4301 2000 Code for the Storage of Liquid and Solid
Oxidizers
1 2001 Standard on Heliports
4342 2002 Storage of Pesticides, Code for the
4801 1998 Standard for the Storage, Handling, and
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1642 FINAL REGULATIONS
Processing of Magnesium
4811 2000 Standard for the Production, Processing,
Handling and Storage of Titanium
482 1996 Standard for the Production, Processing,
Handling, and Storage of Zirconium
4842 2002 Standard for Combustible Metals, Metal
Products and Metal Dusts
4901 2002 Code for the Storage of Ammonium
Nitrate
4951 2001 Explosive Materials Code
4961 1998 Standard for Purged and Pressurized
Enclosures for Electrical Equipment
4981 2001 Standard for Safe Haven for Vehicles
Transporting Explosives
501A1 2000 Standard for Fire Safety Criteria for
Manufactured Home Installations, Sites,
and Communities
501C1 1996 Standard on RecreationalVehicles
501D1 1996 Standard for Recreational Vehicle Parks
and Campgrounds
5021 2001 Road Tunnels, Bridges, and Other Limited
Access Highways
5051 2002 Fire Safety Standard for Powered
Industrial Trucks Including Type
Designations, Areas of Use, Maintenance,
and Operation
513 1994 Standard for Motor Freight Terminals
5601 2002 Standard for the Storage, Handling, and
Use of Ethylene Oxide for Sterilization
and Fumigation
650 1990 Standard for Pneumatic Conveying
Systems for Handling Combustible
Materials
6511 1998 Standard for the Manufacture of
Aluminum and Aluminum Powder
6541 2000 Standard for the Prevention of Fire and
Dust Explosions from Manufacturing
Combustible Particulate Solids
6551 2001 Standard for Prevention of Sulfur Fires
and Explosions
6641 2002 Standard for the Prevention of Fires and
Explosions in Wood Processing and
Woodworking Facilities
7031 2000 Standard for Fire-Retardant Impregnated
Wood and Fire-Retardant Coatings for
Building Materials
7041 2001 Standard for the Identification of the
Hazards of Materials
7501 2000 Standard on Water Mist Fire Protection
Systems
7801 2000 Installation of Lightning Protection
Systems
8041 2001 Standard for Fire Protection for Advanced
Light Water Reactor Electric Generating
Plants
9091 2001 Standard for the Protection of Cultural
Resources
11231 2000 Code for Fireworks Display
11221 2002 Code for Model Rocketry
112
11241 1998 Code for the Manufacturer, Transportation
and Storage of Fireworks and Pyrotechnic
Articles
11251 2001 Code for the Manufacture of Model
Rocket and High Power Rocket Motors
11261 2001 Standard for the Use of Pyrotechnics
before a Proximate Audience
11422 2001 Standard on Water Supplies for Suburban
and Rural Fire Fighting
12211 2002 Standard for the Emergency Services
Communications
1231 1993 Standard on Water Supplies for Suburban
and Rural Fire Fighting
19621 1998 Standard for the Care, Use, and Service
Testing of Fire Hose Including
Connections and Nozzles
71 2002 Code for High Power Rocketry
19611 2002 Standard on Fire Hose
19631 1998 Standard for Fire Hose Connections
20011 2000 Standard on Clean Agent Fire Extinguishing
Systems
(1) Indicates an Updated Document; (2) Indicates a
Document New to the SFPR; and (3) Indicates a Document
Amended in Annex B
Adopted NFPA Codes & Standards
Alphabetical Listing
Each of the following Codes and Standards, published
by the National Fire Protection Association, Batterymarch
Park, Quincy, MA 02269, are hereby adopted in their
entirety with the exception of any changes, additions or
deletions as listed in Annex B of these Regulations as a
supplement and addition to the Delaware State Fire
Prevention Regulations. The text of these adopted Codes
and Standards shall be fully enforceable as provisions of
these Regulations as if the same were incorporated and set
forth at length herein. If a newer Code or Standard has been
adopted and issued by the National Fire Protection
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1643
Association, the State Fire Marshal may accept the newer
Code or Standard as an alternative, provided that such Code
or Standard affords an equivalent level of safety in the
opinion of the State Fire Marshal. Where the Codes or
Standards as listed herein, are updated versions of adopted
Codes or Standards, the updated versions will replace the
existing versions in these Regulations.
NFPA DATE OF
NO. PUBLICATION TITLE
51A 1 2001 Acetylene Cylinder Charging Plants,
Standard for
8041 2001 Advanced Light Water Reactor Electric
Generating Plants, Standard for Fire
Protection for
30B1 2002 Aerosol Products, Code for the
Manufacture and Storage of
611 2002 Agricultural and Food Products Facilities,
Standard for the Prevention of Fires and
Dust Explosions in
90A1 2002 Air Conditioning and Ventilating Systems,
Standard for the Installation of
90B1 2002 Air Conditioning Systems, Warm Air
Heating and, Standard for the Installation
of
415 1997 Airport Terminal Buildings, Fueling Ramp
Drainage, and Loading Walkways,
Standard on
4071 2001 Aircraft Fuel Servicing, Standard for
4081 1999 Aircraft Hand Portable Fire Extinguishers,
Standard for
4091 2001 Aircraft Hangars, Standard on
417 1990 Aircraft Loading Walkways, Standard on
Construction and Protection of
4101 1999 Aircraft Maintenance, Standard on
416 1993 Airport Terminal Buildings, Standard on
Construction and Protection
6511 1998 Aluminum and Aluminum Powder,
Standard for the Manufacture
65 1993 Aluminum, Standard for the Processing
and Finishing of
4901 2002 Ammonium Nitrate, Code for the Storage
of
30A1,3 2000 Automotive and Marine Service Station
Code
220 1999 Building Construction, Standard for Types
7031 2000 Building Materials, Standard for
Fire-Retardant Impregnated Wood and
Fire-Retardant Coatings
501 2001 Bulk Oxygen Systems at Consumer Sites,
Standard for
121 2000 Carbon Dioxide Extinguishing Systems,
Standard on
401 2001 Cellulose Nitrate Film, Standard for the
Storage and Handling of
6541 2000 Chemical, Dye, Pharmaceutical, and
Plastics Industries, Standard for the
Prevention of Fire and Dust Explosions in
the
211 2000 Chimneys, Fireplaces, Vents, and Solid
Fuel-Burning Appliances, Standard for
120
20011 2000 Clean Agent Fire Extinguishing Systems,
Standard on
484 2 2002 Combustible Metals, Metal Products, and
Metal Dusts, Standard for the Protection of
371 2002 Combustion Engines and Gas Turbines,
Standard for the Installation and Use of
Stationary
961 2001 Commercial Cooking Operations,
Standard for Ventilation Control and Fire
Protection
551 2001 Compressed and Liquefied Gases in
Portable Cylinders, Standard for the
Storage, Use, and Handling of
521 2002 Compressed Natural Gas (CNG)
Vehicular Fuel Systems, Standard for
2411 2000 Construction, Alteration, and Demolition
Operations, Standard for
909 1 2001 Cultural Resources, Standard for the
Protection of
161 1999 Deluge Foam-Water Sprinkler Systems
and Foam-Water Spray Systems, Standard
for the Installation of
341 2000 Dipping and Coating Processes Using
Flammable or Combustible Liquids
Standard
17 1 2002 Dry Chemical Extinguishing Systems,
Standard for
12211 2002 Emergency Services Communications,
Standard for the
1 1999 Coal Preparation Plants, Standard for
32 1 2000 Dry-cleaning Plants, Standard for
70
5601 2002 Ethylene Oxide for Sterilization and
Fumigation, Standard for the Storage,
Handling, and Use of
496 1 1998 Electrical Equipment, Purged and
Pressurized Enclosures, Standard for
1, 3 2002 Electrical Code, National
731 2000 Electrical Inspection for Existing
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1644 FINAL REGULATIONS
Dwellings
791 1997 Electrical Standard for Industrial
Machinery
751 1999 Electronic Computer/Data Processing
Equipment, Standard for the Protection of
1101 2002 Emergency and Standby Power Systems,
Standard for
911 1999 Exhaust Systems for Air Conveying of
Materials, Standard for
691 2002 Explosion Prevention Systems, Standard
on
4951 2001 Explosive Materials Code
498 1 2001 Explosives, Standard for Safe Havens for
Vehicles Transporting
721 2002 Fire Alarm Code, National
801 1999 Fire Doors and Windows, Standard for
101 2002 Fire Extinguishers, Portable, Standard for
10R 1992 Fire Extinguishing Equipment, Portable,
in Family Dwellings and Living Units,
Recommended Practice for
19611 2002 Fire Hose, Standard on
19631 1998 Fire Hose Connections, Standard for
17
19621 1998 Fire Hose Including Connections and
Nozzles, Standard for the Care, Use, and
Service Testing of
230 1999 Fire Protection of Storage, Standard for
the
221 1 2000 Fire Walls and Fire Barrier Walls,
Standard for
01 1999 Fire Safety Symbols, Standard for
11241 1998 Fireworks and Pyrotechnic Articles, Code
for the Manufacturer, Transportation and
Storage of
11231 2000 Fireworks Display, Code for
301,3 2000 Flammable and Combustible Liquids
Code
3953 1993 Flammable and Combustible Liquids on
Farms and Isolated Sites, Standard for
Storage of
386 1990 Flammable and Combustible Liquids,
Portable Shipping Tanks, Standard for
385 1990 Tank Vehicles for Flammable and
Combustible Liquids, Standard for
111 2002 Foam, Standard for Low-Expansion
11A 1 1999 Foam Systems, Standard for Medium- and
High-Expansion
16A 1994 Foam-Water Sprinkler Systems, Closed-
Head, Standard for the Installation of
541,3 2002 Fuel Gas Code, National
3061 2001 Gas Hazards on Vessels, Standard for the
Control of
50A1 1999 Gaseous Hydrogen Systems at Consumer
Sites, Standard for
102 1995 Grandstands, Folding and Telescopic
Seating, Tents, and Membrane Structures,
Standard for
12A1 1997 Halon 1301 Fire Extinguishing Systems,
Standard on
7041 2001 Hazards of Materials, Standard for the
Identification of the
991,3 2002 Health Care Facilities, Standard for
4181 2001 Heliports, Standard for
11271 2002 High Power Rocketry, Code for
58
821 1999 Incinerators, Waste and Linen Handling
Systems and Equipment, Standard for
86C1 1999 Industrial Furnaces Using a Special
Processing Atmosphere, Standard for
451 2000 Laboratories Using Chemicals, Standard
on Fire Protection for
7801 2000 Lightning Protection Systems, Installation
of
50B1 1999 Liquefied Hydrogen Systems at Consumer
Sites, Standard for
59A 1 2001 Liquefied Natural Gas (LNG), Standard
for the Production, Storage, and Handling
of
571 2002 Liquefied Natural Gas (LNG) Vehicular
Fuel Systems, Standard for
591 2001 Liquefied Petroleum Gases at Utility Gas
Plants, Standard for Storage and Handling
of
4801 1998 Storage, Handling, and Processing of
Magnesium, Standard for the
1, 3 2001 Liquefied Petroleum Gas Code
501A1 2000 Manufactured Home Installations, Sites,
and Communities, Standard for Fire Safety
Criteria for
112
3031 2000 Marinas and Boatyards, Fire Protection
Standard for
3071 2000 Marine Terminals, Piers and Wharves,
Standard for the Construction and Fire
Protection
11251 2001 Model Rocket and High Power Rocket
Motors, Code for the Manufacture of
3021 1998 Pleasure and Commercial Motor Craft,
Fire Protection Standard for
21 2002 Model Rocketry, Code for
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1645
311 2001 Oil-Burning Equipment, Standard for the
Installation of
351 1999 Organic Coatings, Standard for the
Manufacture of
43B 1993 Organic Peroxide Formulations, Standard
for the Storage of
861 1999 Ovens and Furnaces, Standard for
4301 2000 Oxidizers, Code for Storage of Liquid and
Solid
88A1 2002 Parking Structures, Standard for
4342 2002 Pesticides, Code for the Storage of
43D 1994 Pesticides in Portable Containers,
Standard for the Storage of
650 1990 Pneumatic Conveying Systems for
Handling Combustible Materials, Standard
for
5051 2002 Powered Industrial Trucks Including Type
Designations, Areas of Use, Maintenance,
and Operations, Standard for
241 2002 Private Fire Service Mains and Their
Appurtenances, Standard for the
Installation of
11261 2001 Pyrotechnics before a Proximate
Audience, Standard for the Use of
40E 1993 Pyroxylin Plastic, Code for the Storage of
422 2002 Pyroxylin Plastic, Code for the Storage of
1501 2000 Race Track Stables, Standard on Fire
Safety
2321 2000 Records, Standard for the Protection of
501D1 1996 Recreational Vehicle Parks and
Campgrounds, Standard for
501C1 1996 Recreational Vehicles, Standard on
88B 1997 Repair Garages, Standard for
502 1 2001 Road Tunnels, Bridges, and Other Limited
Access Highways, Recommended Practice
on Fire Protection for
231F1 1996 Roll Paper, Standard for the Storage of
231D 1994 Rubber Tires, Standard for Storage of
1013 2000 Safety to Life from Fire in Buildings and
Structures
92A 1 2000 Smoke-Control Systems, Recommended
Practice for
92B 1 2000 Smoke Management Systems in Malls,
Atria and Large Areas, Guide for
361 2001 Solvent Extraction Plants, Standard for
331 2000 Spray Application Using Flammable and
Combustible Materials, Standard for
131,3 2002 Sprinkler Systems, Standard for the
Installation of
13D1,3 2002 Sprinkler Systems in One- and Two-
Family Dwellings and Manufactured
Homes, Standard for the Installation of
13R3 2002 Sprinkler Systems in Residential
Occupancies Up To and Including Four
Stories in Height, Standard for the
Installation of
143 2000 Standpipe, Private Hydrants and Hose
Systems, Standard for Installation of
20 1999 Stationary Pumps for Fire Protection,
Standard for the Installation of
1112 2001 Stored Electrical Energy and Standby
Power Systems
6551 2001 Sulfur Fires and Explosions, Standard for
Prevention of
327 1993 Tanks and Containers, Small, Standard
Procedures for Cleaning or Safeguarding
Without Entry
3261 1999 Tanks and Containers, Standard
Procedures for the Safeguarding
513 1994 Terminals, Motor Freight, Standard for
762 2002 Telecommunications Facilities
4811 2000 Titanium, Standard for the Production,
Processing, Handling and Storage of
682 2002 Venting of Deflagrations, Standard of
312 1 2000 Vessels During Construction, Repair and
Lay-up, Standard for Fire Protection of
251 2002 Water-Based Fire Protection Systems,
Standard for the Inspection, Testing, and
Maintenance of
2141 2000 Water-Cooling Towers, Standard on
7501 2000 Water Mist Fire Protection Systems,
Standard on
151 2001 Water Spray Fixed Systems for Fire
Protection, Standard for
1231 1993 Water Supplies for Suburban and Rural
Fire Fighting, Standard of
1142 2001 Water Supplies for Suburban and Rural
Fire Fighting, Standard of
22 1998 Water Tanks for Private Fire Protection,
Standard for
511 2002 Welding, Cutting, and Allied Processes,
Standard for Design and Installation of
Oxygen-Fuel Gas Systems for
51B1 1999 Welding, Cutting and Other Hot Work,
Standard for Fire Prevention During
17A1 2002 Wet Chemical Extinguishing Systems,
Standard for
18 1995 Wetting Agents, Standard on
6641 2002 Wood Processing and Woodworking
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1646 FINAL REGULATIONS
Facilities, Standard Prevention of Fires
and Explosions in
482 1996 Zirconium, Standard for the Production,
Processing, Handling, and Storage of
(1) Indicates an Updated Document; (2) Indicates a
Document New to the SFPR; and (3) Indicates a Document
Amended in Annex B
Part I Annex B
MODIFY NFPA 13, 1999 2002, Standard for the
Installation of Sprinkler Systems.
Chapter 6, System Components.
6.8 Fire Department Connection.
Amend 6.8.1 to read as follows:
6.8.1 The fire department connection(s) shall
use hose connections compatible with the local fire
company.
Chapter 5 8, Installation Requirements.
5-15 8.16 System Attachments.
5-15.2.3 8.16.2 Arrangement.
5-15.2.3 8.16.2.4.6 Fire Department Connection.
Amend §5-15.2.3.5 8.16.2.4.6 by deleting the existing
§5-15.2.3.5 8.16.2.4.6 and inserting a new section to read
as follows:
5-15.2.3.5 8.16.2.4.6 Fire Department Connections
shall be located or arranged as required by the Chief Officer
of the fire department having jurisdiction according to the
following:
(a) The Office of State Fire Marshal will give notice to
the Chief Officer of a building that is proposed for
construction that is to be protected with an automatic
sprinkler system, and the Chief Officer must respond, in
writing, within 5 working days, as to their requirement for
the location of the fire department connection.
(b) In the event that the Chief Officer does not respond
according to (a) of this Section, the Office of State Fire
Marshal will determine the location for the fire department
connection. This provision will permit the Office of State
Fire Marshal to locate the fire department connection so that
hose can be readily and conveniently attached; and the fire
department connections will be located in a manner
consistent with nationally recognized practices.
(c) Each fire department connection to sprinkler
systems shall be designated by a sign having raised letters at
least 1 in. (25.4 mm) in height cast on plate or fitting,
reading service design, e.g., "AUTOSPRK", "OPEN SPRK
AND STANDPIPE." A sign shall also indicate the pressure
required at the inlets to deliver the greatest system demand.
Exception to (c): The sign is not required where the
system demand pressure is less than 150 psi (10.3 bars).
Chapter 8 14, Plans and Calculations.
8-4 14.4 Hydraulic Calculation Procedures.
8-4.4 14.4.4 Calculation Procedures.
AMEND §8-4.4 14.4.4 , Calculation Procedures, by
adding a new subsection to read as follows:
8-4.4.9 14.4.4.10 A hydraulically designed
sprinkler system shall be designed to provide a 10 PSI safety
factor over and above the system demand.
MODIFY NFPA 13D, 1996 2002, Standard for the
Installation of Sprinkler Systems In One- And Two-Family
Dwellings And Manufactured Homes.
Chapter 3 7, System Components.
3-6 7.6 Alarms.
AMEND §3-6 7.6 Alarms, by deleting the existing
Exception and adding the following to
§3-6 7.6: The alarm shall be of sufficient intensity to
sound an alarm at 15 dBA above ambient noise level inside
the protected property.
MODIFY NFPA 13R, 1999 2002, Standard for the
Installation of Sprinkler Systems In Residential Occupancies
Up To And Including Four Stories.
AMEND §1.1 Scope, by inserting additional text and have
section to read as follows
1.1 Scope
This standard covers design and installation of
automatic sprinkler systems for protection against fire
hazards in residential occupancies up to and including four
stories in height and not exceeding 10,000 square feet in
aggregate gross floor area.
2-4.6 6.6.8 Alarms.
AMEND §2-4.6 6.6.8.1 Alarms, by deleting existing
§2-4.6 6.6.8.1 and inserting a new section to read as follows:
2-4.6 6.6.8.1 All residential (13R) sprinkler
systems shall have a water flow alarm installed that will
provide an audible sound. The alarm shall be of sufficient
intensity to sound an alarm at 15 dBA above ambient noise
level both inside and outside the residence.
MODIFY NFPA 14, 2000, Standard for the Installation of
Standpipe and Hose Systems.
Chapter 5, Design.
5-3 Location of Hose Connections.
5-3.2 Class I Systems
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1647
AMEND §5-3.2 (a) by deleting the Exception:
Exception: Hose connections shall be permitted to
be located at the main floor landings in exit stairways where
approved by the authority having jurisdiction.
MODIFY NFPA 30A, 1996, Automotive And Marine
Service Station Code.
Chapter 2, Storage.
2-1 General Provisions.
AMEND §2-1, General Provisions, by adding new
subsections to read as follows:
2-1.8 All underground petroleum storage tank fill
pipes shall be marked and maintained with colors and
symbols consistent with API Recommended Practice 1637.
2-1.9 The seasonal exchange of product shall be
prohibited in underground storage tanks.
2.1.10 No change of class of product within storage
tanks shall be made without prior approval of the State Fire
Marshal.
Chapter 4, Fuel Dispensing System.
4-2 Fuel Dispensing System.
AMEND §4-2, Fuel Dispensing System, by adding new
subsections to read as follows:
4-2.10 Dispensing units for kerosene shall not be
located on the same island with Class I liquid dispensing
units.
4-2.11 Islands with dispensing units for kerosene shall
be located a minimum of 10' from islands with Class I liquid
dispensing units.
4-2.12 Dispensing units for kerosene shall be provided
with a legible sign, bearing the word "KEROSENE" in a
minimum 4" high letter, with such letters to be in blue with a
contrasting background color.
Chapter 9, Operational Requirements.
9-2 Dispensing Into Portable Containers.
RENUMBER Subsection 9-2.2, to 9-2.3 and insert a new
Subsection 9-2.2 to read as follows:
9-2.2 No sale or purchase of kerosene shall be made
in containers unless such containers meet the provisions of
this standard and are a color other than red with the word
"KEROSENE" marked thereon. (The recommended color is
blue with white lettering.)
AMEND Chapter 9, Operational Requirements, by adding
new §9-10 to read as follows:
9-10 Marine Dispensing Areas.
9-10.1 The dispensing of Class I Liquids into the
fuel tanks of self-propelled water craft must be accomplished
at a designated marine Service Station, and that service
station must be in accordance with the applicable provisions
of these Regulations.
9-10.2* The dispensing of Class I Liquids into the
fuel tanks of self-propelled water craft shall be prohibited
from a tank truck vehicle.
A-9-10.2 It is the express intent of this
section to prohibit the transfer of Class I liquids from a tank
truck vehicle directly into the fuel tanks of a boat or any
other self-propelled water craft.
9-10.3* The dispensing of Class II Liquids into the
fuel tanks of self-propelled water craft, is permitted provided
the tank truck vehicle is equipped with an automatic shut off
nozzle.
A-9-10.3 This change is based on an appeal
filed by the Delaware Captains Association. This appeal
was heard by the State Fire Prevention Commission on
September 20, 1994 and was subsequently approved by the
State Fire Prevention Commission on September 20, 1994.
MODIFY NFPA 30A, 2000, Automotive And Marine
Service Station Code.
Chapter 5 , Piping for Liquids.
5.2 General Requirements for All Piping
AMEND §5.2, General Requirements for All Piping to read
as follows:
5.2.5 Each fill pipe shall be identified by color code
or other marking to identify the product for which it is used.
The color code or marking shall be maintained in legible
condition throughout the life of the installation. All
underground petroleum storage tank fill pipes shall be
marked and maintained with colors and symbols consistent
with API Recommended Practice 1637.
Chapter 9 , Operating Requirements.
9.2 Basic Requirements
9.2.1 Inventory Control
AMEND §9.2.1, Inventory Control by adding new
subsections to read as follows:
9.2.1.1 The seasonal exchange of product shall be
prohibited in underground storage tanks.
9.2.1.2 No change of class of product within storage
tanks shall be made without prior approval of the State Fire
Marshal.
Chapter 6, Fuel Dispensing System.
6-2 General Requirements.
AMEND §6-2, General Requirements, by adding new
subsections to read as follows:
6.2.3 Dispensing units for kerosene shall not be
located within 25' of Class I liquid dispensing units.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1648 FINAL REGULATIONS
6.2.4 Islands with dispensing units for kerosene shall
be located a minimum of 10' from islands with Class I liquid
dispensing units.
6.2.5 Dispensing units for kerosene shall be provided
with a legible sign, bearing the word "KEROSENE" in a
minimum 4" high letter, with such letters to be in blue with a
contrasting background color.
Chapter 9, Operational Requirements.
9.2 Dispensing Into Portable Containers.
RENUMBER Subsection 9.2.3.3 to 9.2.3.4 and insert a new
Subsection 9.2.3.3 to read as follows:
9.2.3.3 No sale or purchase of kerosene shall be made
in containers unless such containers meet the provisions of
this standard and are a color other than red with the word
"KEROSENE" marked thereon. (The recommended color is
blue with white lettering.)
AMEND Chapter 11, Marine Fueling, by renumbering
§11.10.6 to §11.10.6.1 and adding new §11.10.6.2,
§11.10.6.3 and §11.10.6.4 to read as follows:
11.10 Operating Requirements.
11.10.6.2 The dispensing of Class I Liquids into
the fuel tanks of self-propelled water craft must be
accomplished at a designated marine Service Station, and
that service station must be in accordance with the applicable
provisions of these Regulations.
11.10.6.3* The dispensing of Class I Liquids into
the fuel tanks of self-propelled water craft shall be prohibited
from a tank truck vehicle.
A-11.10.6.3 It is the express intent of this
section to prohibit the transfer of Class I liquids from a tank
truck vehicle directly into the fuel tanks of a boat or any
other self-propelled water craft.
11.10.6.4* The dispensing of Class II Liquids
into the fuel tanks of self-propelled water craft, is permitted
provided the tank truck vehicle is equipped with an
automatic shut off nozzle.
A-11.10.6.4 This change is based on an appeal
filed by the Delaware Captains Association. This appeal
was heard by the State Fire Prevention Commission on
September 20, 1994 and was subsequently approved by the
State Fire Prevention Commission on September 20, 1994.
MODIFY NFPA 54, 1996 2002, National Fuel Gas Code.
Chapter 6 9, Installation Of Specific Equipment.
6-24 9.23 Room Heaters.
AMEND §6-24.1 9.23.1, Prohibited Installations, by
deleting the two exceptions, thereby specifically prohibiting
the installation of unvented fuel fired room heaters in
bathrooms or bedrooms, to read as follows:
6-24.1 9.23.1 Prohibited Installations. Unvented
room heaters shall not be installed in bathrooms and
bedrooms.
MODIFY NFPA 58, 1995 2001, Standard for the Storage
and Handling of Liquefied Petroleum Gases.
Chapter 1, General Provisions.
1-4 Notification Of Installations.
Amend §1-4.1, Fixed Stationary Installations, by deleting
the existing section and inserting two new subsections to
read as follows:
1-4.1* 1-4.1.1* Plans shall be submitted to the Office
of State Fire Marshal for review and approval for the
following liquefied petroleum gas (LPG) installations:
(a) At consumer sites having an aggregate water
capacity of 1,000 gallons or more tank storage; and
(b) For all portable cylinder exchange at consumer
sites or dispensing stations, where not connected for use, and
in storage for resale or exchange by dealer or reseller.
A-1-4.1 A-1-4.1.1 This section still requires the
submission of plans for all LP Gas installations with an
aggregate capacity of 1,000 gallons or more, and now
requires the submission of plans for all portable cylinder
exchange installations.
1-4.2* 1-4.1.2* Plans shall be submitted to the Office
of State Fire Marshal for review and approval regarding
liquefied petroleum gas (LPG) installations for all sites and
locations where LPG is dispensed by a retail operation to the
public, regardless of tank storage capacity.
A-1-4.1.2 Submission of plans for all LP Gas
Installations where tanks are filled as a retail operation for
the public.
Exception To 1-4.1 and 1-4-2 1-4.1.1 and 1-4.1.2: One- and
Two-Family Dwellings are not required to comply with
these sections.
MODIFY NFPA 70, 2002, The National Electrical Code.
Article 210, Branch Circuits
210.12 Arc-Fault Circuit-Interrupter Protection.
AMEND §210.12(B), by adding a second third and fourth
sentences to read:
(B) Dwelling Unit Bedrooms. All branch circuits that
supply 125-volt, single-phase, 15- and 20-ampere outlets
installed in dwelling unit bedrooms shall be protected by an
arc-fault circuit interrupter listed to provide protection of the
entire branch circuit. Smoke alarms shall not be placed on
branch circuits protected by arc-fault circuit interrupter. All
smoke alarms shall be supplied by branch circuits dedicated
to smoke alarm equipment. The connection of the smoke
alarm branch circuit to the power service shall be
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1649
mechanically protected by utilizing lock-on devices.
MODIFY NFPA 70, 2002, The National Electrical Code.
Article 550, Mobile Homes/Manufactured Homes
550.25 Arc-Fault Circuit-Interrupter Protection.
AMEND §550.25(B), by adding a second third and fourth
sentences to read:
(B) Dwelling Unit Bedrooms. All branch circuits that
supply 125-volt, single-phase, 15- and 20-ampere outlets
installed in dwelling unit bedrooms shall be protected by an
arc-fault circuit interrupter listed to provide protection of the
entire branch circuit. Smoke alarms shall not be placed on
branch circuits protected by arc-fault circuit interrupter. All
smoke alarms shall be supplied by branch circuits dedicated
to smoke alarm equipment. The connection of the smoke
alarm branch circuit to the power service shall be
mechanically protected.
MODIFY NFPA 99, 2000 2002, Health Care Facilities
Chapter 3, Electrical Systems.
3-4 Essential System.
3-4.2.2 Emergency System.
AMEND §3-4.2.2.2(b), Life Safety Branch, by adding a new
subsection to read as follows:
3-4.2.2.2(b)(8) Electric Fire Pumps
Chapter 4, Electrical Systems.
4.4 Essential System.
4.4.2 Distribution (Type 1 EES)
4.4.2.2 Specific Requirements.
AMEND §4.4.2.2.2.2, Life Safety Branch, by adding a new
subsection to read as follows:
4.4.2.2.2.2(9) Electric Fire Pumps
MODIFY NFPA 101, 2000, The Life Safety Code.
Chapter 16, New Day Care Occupancies.
16-2 Means of Egress Requirements.
16-2.2 Means of Egress Components.
16-2.2.2 Doors.
AMEND §16-2.2.2.2, Panic Hardware or Fire Exit
Hardware, by deleting the existing §16-2.2.2.2, and inserting
a new §16-2.2.2.2 to read as follows:
16-2.2.2.2 Panic Hardware Or Fire Exit Hardware.
Any door in a required means of egress may be provided
with a latch or lock only if it is panic hardware or fire exit
hardware. Any door in a required means of egress from an
area having an occupant load of 13 or more [persons clients]
shall be permitted to be provided with a latch or lock only if
the latch or lock is panic hardware or fire exit hardware.
Chapter 18, Health Care Occupancies
18.3.2 Protection from Hazards.
AMEND §18.3.2, by adding §18-3.2.8, to read as follows:
18.3.2.8 Dispensers containing Alcohol Based
Waterless Hand Sanitizing Liquid shall be prohibited from
being located in corridors or any area open to a required exit
or corridor. Dispensers containing Alcohol Based Waterless
Hand Sanitizing Liquid shall be isolated from possible
ignition sources, such as, but [not] limited to, open-flame,
electrical equipment, switches or receptacle outlets.
Chapter 26, Lodging Or Rooming Houses.
26-3 Protection.
26-3.3 Detection, Alarm, And Communication
Systems.
AMEND §26-3.3, Detection Alarm, And Communication
Systems, by adding a new Subsection to read as follows:
26-3.3.4 A corridor smoke detection system in
accordance with §7-6 §9.6 shall be installed in all lodging or
rooming houses.
Chapter 30, New Apartment Buildings.
30-3.4 Detection, Alarm, and Communication
Systems.
AMEND §30-3.4.1, General, by deleting §30-3.4.1 and two
exceptions, and inserting a new §30-3.4.1 and exception to
read as follows:
30-3.4.1 General. All new apartment buildings shall
be provided with a fire alarm system in accordance with §7-6
§9-6, except as modified by 30-3.4.2 through 30-3.4.4.
Exception: Where each dwelling unit is separated from
other contiguous dwelling units by fire barriers having a fire
resistance rating of not less than one hour, and where each
dwelling unit has either its own independent exit or its own
independent stairway or ramp discharging at grade.
AMEND §30-3.4.4, Detection, by adding a new Subsection
to read as follows:
30-3.4.4.1 A corridor smoke detection system in
accordance with §7-6 §9.6, shall be installed in all apartment
buildings.
30.3.5 Extinguishment Requirements.
AMEND §30.3.5.1, by revising §30.3.5.1 Exception No. 1,
to read as follows:
Exception No. 1: In buildings not exceeding 10,000 sq. ft. of
aggregate gross floor area and sprinklered in accordance
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1650 FINAL REGULATIONS
with NFPA 13, Standard for the Installation of Sprinkler
Systems, closets less than 12 ft2 (1.1 m2) in area in
individual dwelling units shall not be required to be
sprinklered. Closets that contain equipment such as washers,
dryers, furnaces, or water heaters shall be sprinklered
regardless of size.
Chapter 32, New Residential Board And Care Occupancies.
32-2 Small Facilities.
AMEND §32-2, Small Facilities, by adding new Subsections
to read as follows:
32-2.2.7 Emergency Lighting. Emergency lighting
shall be installed in accordance with §5-9 §7.9.
32-2.2.8 Marking Of Means Of Egress. Means of
egress shall be marked in accordance with §5-10 §7.10.
32-2.2.9 Portable Fire Extinguishers. Portable fire
extinguishers shall be provided near hazardous areas in
accordance with §7-7 §9.7.
32-2.3.4 Detection, Alarm, and Communication
Systems.
AMEND §32-2.3.4, Detection, Alarm, and Communication
Systems, by adding §32-2.3.4.4, Emergency Forces
Notification, to read as follows:
32-2.3.4.4 Emergency Forces Notification. Fire
department notification shall be accomplished in accordance
with §7-6.4 §9.6.4.
32-3 Large Facilities.
32-3.3.4 Detection, Alarm, and Communication
Systems.
AMEND §32-3.3.4.6, Fire Department Notification, by
deleting the existing §32-3.3.4.6 and inserting a new §32-
3.3.4.6 to read as follows:
32-3.3.4.6 Fire Department Notification. Fire department
notification shall be accomplished in accordance with §7-6.4
§9.6.4.
Part I Chapter 2 - Definitions
2-1 Definitions
Height. For purposes of determining building height,
measurements shall be taken at the building's lowest grade
level and extend to the highest point of a flat roof or to the
mean level of the highest gable or slope of a hip or mansard
roof measured from the lowest level of fire department vehicle
access to the floor of the highest occupiable story.
Part II; Chapter 6 - Standard For Fire Flow For Fire
Protection
6-2.1 Notwithstanding, any other provisions of the
Delaware State Fire Prevention Regulations, for all buildings
or structures of less than 10,000 square feet of aggregate
gross floor area, and where there is not a public water system
or a central water system; the State Fire Marshal may utilize
the provisions of the Standard on Water Supplies for
Suburban and Rural Fire Fighting, NFPA 1231 1142, as
adopted and/or modified by these Regulations, as meeting
the requirement for fire flow. (See §6-7, Dry Hydrants, at the
end of this Chapter).
6-4.2 The requirements of Fire Flow Table 1, with
respect to the provisions of the Standard on Water Supplies
for Suburban and Rural Fire Fighting, NFPA 1231 1142, as
adopted and/or modified by these Regulations, may be
applied to subdivisions of 25 or less lots of detached oneand
two-family dwellings, where central water is provided,
but the requirement for water flow for fire protection is as
follows:
1) The infrastructure for fire flow capability must
be installed to accomodate accommodate the fire flow
requirements when additional development occurs.
Chapter 6 - Fire FlowTable 1
Fire Flow Table 1*
The requirements of apply to rural areas where public,
private, or central water is not available.
Occupanc
y
Maxim
um
Aggreg
ate
Gross
Square
Footage
Provide
a fire
alarm
system
per 6-
3.1.4
Minim
um Set
Back
from
all
proper
ty lines
Maxim
um
Height
Exposu
re
Hazar
d on
the
Same
Proper
ty
Internal
Fire
Separat
ion
Apply
One & Two
- Family
Detached
Dwellings
10,000 no 15'
3 Stories
35'
10'+ n/a NFPA
1231
NFPA
1142
Multi-
Family &
Other
Residential
10,000 no 15'
3 Stories
35'
10'+ n/a NFPA
1231
NFPA
1142
Rowhouses
&
Townhouses
10,000 no 15'
3 Stories
35'
10'+
2-Hr
rated
wall
NFPA
1231
NFPA
1142
Part I
Chapter
2
Assembly 5,000 no 15'
1 Story
15' 10'+ n/a
NFPA
1231
NFPA
1142
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1651
Assembly1 5,001 to
10,000
YES 15'
2 Stories
30' 10'+ n/a NFPA
1231
NFPA
1142
Health Care
Business
Education
10,000
no
no
no
15'
2 Stories
30' 10'+ n/a NFPA
1231
NFPA
1142
Storage
Industrial
Mercantile
5,000 no
no
no
15'
To be
reviewe
d on an
individu
al basis
15'+ n/a NFPA
1231
NFPA
1142
Storage1
Industrial1
Mercantile1
5,001 to
10,000
YES
YES
YES
25'
To be
reviewe
d on an
individu
al basis
15'+ n/a NFPA
1231
NFPA
1142
Mini-
Storage
5,000 no 15'
2 Stories
30' 15'+ n/a
NFPA
1231
NFPA
1142
Mini-
Storage
5,001 to
10,000 no 25'
2 Stories
30' 15'+ n/a
NFPA
1231
NFPA
1142
1 A fire alarm signaling system shall be provided. See §6-
3.1.4.
*A-Fire Flow Table 1.
The requirements of Fire Flow Table 1 apply to rural
areas where public, private or central water is not available.
Where Exposure Hazard, Same Property (EHSP) or
Minimum Set Back from all property lines (MSB) cannot be
met, the following table may be utilized.
Mini Storage 10,000
Less than 5 feet 2-Hour
5 to 15 feet 1-Hour
Fire Flow Table 2
The requirements of Fire Flow Table 2 apply to areas
where there is a public, private, or central water system.
Occupancy
Maximu
m
Aggrega
te Gross
Square
Footage
Internal
Fire
Separati
on
Flow
Required
Hydrant
Spacing
One- and
Two-Family
Detached
Dwellings *
10,000 n/a
500 GPM
20 PSI Residual
Pressure
1 Hour Duration
1,000 feet on center
Other
Residential*
10,000 n/a 1,000 GPM
20 PSI Residual
Pressure
1 Hour Duration
800 feet on center
Rowhouses*
&
Townhouses*
10,000
2-Hr
rated
wall
1,000 GPM
20 PSI Residual
Pressure
1 Hour Duration
800 feet on center
Part I
Chapter
2
Assembly
Health Care
Business
Education
10,000 n/a 1,000 GPM
20 PSI Residual
Pressure
1 Hour Duration
800 feet on center
Storage
Industrial
Mercantile
10,000 n/a 1,500 GPM
20 PSI Residual
Pressure
2 Hour Duration
800 feet on center
Mini-Storage 10,000 n/a 750 GPM
20 PSI Residual
Pressure
1 Hour Duration
800 feet on center
Occupancy
Maximum
Aggregate
Gross Square
Footage
Fire Separation Distance
(or Exposure Hazard, Same
Property)
Exterior
Wall Fire
Resistance
Rating
One- and Two-
Family Detached
Dwellings
10,000 Less then 10 feet 1-Hour
Multi-Family &
Other Residential
10,000 Less then 10 feet 2-Hour
Rowhouses &
Townhouses
10,000 Less then 10 feet 2-Hour
Assembly 10,000
Less than 5 feet 2-Hour
5 to 10 feet 1-Hour
Health Care
Business
Education
10,000
Less than 5 feet 2-Hour
5 to 10 feet 1-Hour
Storage
Industrial
Mercantile
10,000
Less than 5 feet 2-Hour
5 to 15 feet 1-Hour
*Sites in New Castle County are subject to the provisions of
Ordinance #90-200. See §A-6-1.4.1 and §A-6-1.4.2.
*Fire Flow Table 3
It is the intent of Fire Flow Table 3 to allow a credit for
water flow that is available on site, but does not meet the full
water flow requirements of Fire Flow Table 2. However, the
available water flow on site shall be a minimum of 500
GPM, otherwise the requirements of Fire Flow Table 1 shall
be applied to the site. This Table does not apply to new
public, private, nor central water systems, including
municipalities.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1652 FINAL REGULATIONS
Occupancy Maximum
Aggregate
Gross Square
Footage
Minimum Set
Back from all
property lines
Exposure
Hazard on the
Same
Property
Internal Fire
Separation
One- and Two-
Family
Dwellings,
Multi-family,
and Other
residential
10,000 *15' *10'+ n/a
Rowhouses
Townhouses
10,000 *15' 10'+
Two Hour
Rated Design
Wall
Part I, Chapter
2
Assembly 10,000 *15' *10'+ n/a
Health Care
Business
Education
10,000 *15' *10'+ n/a
Storage
Industrial
Mercantile
10,000 *25' *15'+ n/a
Mini Storage 5,000 *15' *15'+ n/a
Mini Storage 5,001 to
10,000
*25' *15'+ n/a
* See Appendix for additional information and an example.
A-Fire Flow Table 3 For example, if 1,000 GPM is
required for a 9,000 sq. ft. Business Occupancy, but only 500
GPM is available, or 50%, then the required setbacks shall
be reduced by 50% so that the Minimum Setback (MSB)
from property lines would be 7.5 feet, instead of 15 feet, and
the Exposure Hazard on the Same Property (EHSP) would
be five feet, instead of ten feet.
Part II; Chapter 7 - Minimum Requirements For Water
Suppliers
7-3.1 All water suppliers covered under the
provisions of this Regulation shall provide a water supply
capable of the minimum flow of 500 GPM at a residual
pressure of at least 20 PSI for at least two (2) hours. Where
the water supply serves only one and two family dwellings,
it shall be capable of the minimum flow of 500 GPM at a
residual pressure of at least 20 PSI for at least one (1) hour.
7-5.1 Fire hydrants and water mains shall be installed
in accordance with American Water Works Standards; the
Standard for the Installation of Private Fire Service Mains and
Their Appurtenances, NFPA 24, as adopted and/or modified
by these Regulations; and in conformance with accepted
engineering principles and practices.
Part III; Chapter 1
Operation, Maintenance And Testing Of Fire Protection
Systems
1-2.1 Automatic Fixed Fire Suppression System. An
engineered system using carbon dioxide (CO2), dry
chemical, wet chemical, foam, clean agent, a halogenated
extinguishing agent, or an automatic sprinkler water spray
system to automatically detect and suppress a fire through
fixed piping and nozzles.
Clean Agent. Electrically nonconducting, volatile
or gaseous fire extinguishant that does not leave a residue
upon evaporation.
1-3.4.1* 1-3.4.1 The installation of fire protection systems,
specifically those systems not required to be installed under
the provisions of these Regulations, shall be designed,
installed, serviced, tested, or maintained according to the
specifications and standards as provided for such Fire
Protection Systems as found in these Regulations.
(a) Not to be used to denote single, stand alone devices
such as, battery powered residential smoke detectors.
Exception: This does not apply to single station or multistation
battery powered residential smoke detectors.
A-1-3.4.1 It is the intent of this Section to provide for
the design and installation of all Fire Protection Systems,
even if not required in occupancies, operations, etc., by these
Regulations, to be designed, installed, etc., to the standards
and/or specifications for such systems as found in these
Regulations. Systems in this context is meant to be a
configuration of several components that comprise a
protection, detection, alarm, or suppression package
designed and installed as a fire protection system in a
building or structure. Not to be used to denote single, stand
alone devices such as, battery powered residential smoke
detectors.
1-4.1.2 Before testing any suppression system,
standpipe, or fire alarm system which is connected to a
central station or connected directly to a fire dispatch center,
or the fire or police department, notification shall be given to
the central station, fire dispatch center, fire department or
police department before initiation of the tests.
1-4.1.4 Annual Inspection, Testing, And Maintenance
Service. Annual inspection, testing, and maintenance is
required for all fire alarm signaling, fire suppression, and
any other fire protection systems, devices, and equipment
installed within the State of Delaware. This annual
inspection, testing, and maintenance service shall be
completed by a company licensed in accordance with Part
III, Chapters 2, 4, 5, 6, and/or 7 of this Regulation. Upon
completion of this annual inspection, testing, and
maintenance service, the licensed company shall submit an
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1653
Annual Certificate of Inspection shall be submitted, along
with the appropriate fees as listed in Appendix E of these
Regulations, in accordance with §1-4.1.5 of this Chapter.
1-4.1.6 Submission Of Fees For Certification For Fire
Protection Systems. At the completion of the Annual
Testing, Inspection, or Maintenance for each fire protection
system, the licensed Fire Protection Systems Company:
(1) May submit the appropriate fees as listed in
Appendix E of these Regulations to the Office of State Fire
Marshal; OR
(2) May provide the system owner with a fee card
and letter of explanation, and it will be the responsibility of
the system owner to forward the appropriate fee(s) to the
Office of State Fire Marshal.
(a) All fees required to be submitted under §1-
4.1.6 shall be submitted to the Office of State Fire Marshal
within 30 calendar days of the date of testing, inspection, or
maintenance.
(b) The Licensed Company shall, within 30
calendar days of performing the annual testing, inspection,
or maintenance, submit to the Office of State Fire Marshal:
(1) A completed Certificate of
Inspection(s) with the appropriate fee(s); OR
(2) A completed Certificate of
Inspection(s) and a list of where a (all) fee card(s) and
letter(s) were left with the owner(s) of the system(s),
wherein the owner(s) is (are) to submit the required fee(s).
(c) Such fee cards, letters, and reporting forms
are to be of a design and specification by the Office of State
Fire Marshal.
(d) If the owner(s) of the fire protection
system(s) does not submit the required fee(s) within the 30
day period as stated in these Regulations, the owner(s) shall
be in violation of the Delaware State Fire Prevention
Regulations and the fire protection system(s) shall be
classified as not being in compliance.
1-4.1.6 The failure of the licensed company to comply
with the provisions of this Section, shall constitute a
violation of the Delaware State Fire Prevention Regulations.
1-6.3 Servicing Actuated Discharged Units.
Actuated Discharged and partially discharged extinguishers
shall be immediately moved away from their designated
location and shall be temporarily replaced with a standby or
spare unit of the same equal type and capacity as the actuated
discharged unit.
1-6.4 Discontinued Fire Appliances. Soda acid,
foam, loaded stream, antifreeze, and water portable fire
extinguishers of the inverting type shall not be recharged or
placed in service for fire protection use. Extinguishers of
these types shall not be considered are not approved devices
for fire protection use under the provisions of this
Regulation.
1-7.1.3 Certificate of Installation Record of
Completion A Certificate of Installation Record of
Completion shall be forwarded to the State Fire Marshal by
the licensed company that installed the fire alarm signaling
system within five (5) days of having placed the system in
service. Certificate of Installation A Record of Completion
shall be submitted in such form as the State Fire Marshal
may prescribe. The installing company or person shall
certify in writing that the installation has been made in
accordance with the approved plans and that all component
parts of the system are in service. Approval by the State Fire
Marshal shall be withheld until said Certificate of
Installation Record of Completion is received and accepted
by the State Fire Marshal.
1-8.1 Prior to any Testing, Maintenance, Inspection
or any work on the fire protection systems as found in this
Chapter, the company performing such services must notify
the 911 fire dispatch center providing service for the
location, where the fire protection systems are located, of the
following:
(a) Prior to initiating or starting such work as
referenced in Section 1-8.1 notify the 911 fire dispatch
center that such work is being performed, identifying the
name of the facility, the address of the facility, the name of
the company, and the License Number of the company
providing the services.
(b) That any alarms received from the facility shall
be verified by the 911 Center fire dispatch center prior to
any emergency services dispatch being made.
(c) That at the conclusion or finish of the work
being performed on the systems, the 911 fire dispatch center
will be notified that the company has completed the work
and that the alarm system is back in-service and any alarms
from the facility shall represent an "alarm" condition,
requiring the appropriate emergency services dispatch.
1-8.2 It is the responsibility of the company
performing the Testing, Inspection, Maintenance or any
work on the fire protection systems to identify the correct
911 Center fire dispatch center or the correct emergency
services dispatch center which serves the area in which the
facility to have work performed is located. It shall be the
responsibility of the licensed company to ensure their
employee make appropriate notifications to include but not
limited to fire dispatch center and fire alarm signaling
monitoring company.
1-8.3 The failure of the licensed company
performing the services as referenced in this Chapter to
comply with the provisions of this Section, shall constitute a
violation of the Delaware State Fire Prevention Regulations,
and action will be taken pursuant to the provisions of the
Delaware Code Title 16, Chapter 66 for such violations.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1654 FINAL REGULATIONS
Part III; Chapter 2
Sale And Servicing Of Portable Fire Extinguishers
2-2.3.1 All portable fire extinguishers shall be serviced
or maintained on an annual (every 12 months) basis.
Exception: Nonrechargeable dry chemical fire extinguishers
with a net weight of 21/2 pounds or less where used in
dwelling units in apartment buildings.
Part III; Chapter 3
Standard For Fire Hydrant Maintenance, Inspection,
Testing, And Marking
3-1.2.2 This Regulation is also an attempt to improve
to ensure a working relationships between the water
suppliers and fire departments throughout the State.
3-2.4.3 If a hydrant is to be out of service for more
than 30 calendar days, it shall be the responsibility of the
water supplier to notify the Office of the State Fire Marshal
with a corrective plan of action and have the hydrant
securely covered with a burlap or black heavy duty plastic
bag until the hydrant is placed back into service.
3-3.5 All fire hydrant flow testing.... shall include
the following:
(h) Hydrant hydraulic coefficient. Size (diameter)
of the flow orifice and its coefficient of discharge
Part III; Chapter 4
Licensing Regulations For Fire Alarm Signaling Systems
4-2 Fire Alarm Signaling Systems Company, Existing.
Shall mean a person, organization, or entity that meets the
definition of FIRE ALARM SIGNALING SYSTEMS
COMPANY (VENDOR) who can clearly demonstrate
performing work of this nature prior to the effective date of
this Regulation.
Preparing Technical Documents. Shall mean the
preparation of detailed fire alarm signaling system drawings,
calculations, and specifications for installation in accordance
with the applicable codes, statutes and regulations adopted
by the State of Delaware State Fire Prevention Commission.
It is further defined to mean that the technical documents,
specifications, and design drawings referred to in this
Section are the documents which shall be submitted to the
Office of State Fire Marshal for review and approval.
Responsible Charge. Shall mean the individual, who is
responsible to ensure that all of the requirements of the State
of Delaware State Fire Prevention Regulations are complied
with in the application of those standards and specifications
to fire alarm signaling systems. The person, or persons, of
responsible charge shall be accountable for each phase of the
following activities with respect to fire alarm signaling
systems, when such activities constitute an element of their
particular Class of Certificate:
4-3.4.3 Insurance Certificates filed with the Office of
State Fire Marshal under this Section shall remain current
and in force until the insurer has terminated future liability
by a 30 10 day notice to the Office of State Fire Marshal.
4-4.1.2 The Certificate holder is the individual in
RESPONSIBLE CHARGE of ensuring that the functions for
which they have been certified have been performed in
accordance with the standards and specifications of the State
of Delaware State Fire Prevention Regulations.
4-4.2.3 Class III: Limited to fire alarm signaling and
related systems in the following categories:
III Central Station Facilities and Systems (typical of
NFPA 71 facilities and systems).
4-4.3.1 To qualify as a Certificate Holder an individual
shall:
(d) Have passed an examination prescribed by the
Delaware State Fire Prevention Commission or an
equivalent examination approved by the Delaware State Fire
Prevention Commission. Any examination that has been
passed as prescribed by the Delaware State Fire Prevention
Commission, must have been completed within five (5)
years of the application date or, when an individual submits
such examination results for the Commission's review and
acceptance.
(e) To be utilized in the Certification process, any
examination that has been passed as prescribed by the State
Fire Prevention Commission in (d) above, must have been
completed within five (5) years of the application date or,
when an individual submits such examination results for the
Commission's review and acceptance.
(f) (e) For the purposes of this Regulation, a
Registered Delaware Professional Engineer shall be
recognized as a Certificate Holder without further
qualification.
4-5 Existing Fire Alarm Signaling Systems Companies.
4-5.1 Existing companies shall have until December
31, 1991 to comply with the certification requirements
herein.
4-5.2 Any company may apply for a single extension
of six months which may be granted at the discretion of the
Delaware State Fire Prevention Commission for the purpose
of complying with the licensing requirements of this
Regulation.
4-5.3 The individual or individuals who submit an
application for certification must be able to demonstrate at
least three years experience in the preparation of technical
documents, installation, inspection, testing or maintenance
of fire alarm signaling systems, in order to have a
provisional license issued under this Section.
4-5.4 Notwithstanding the provisions of §4-5.2,
those companies that have applied for and have been granted
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1655
an extension as provided for in §4-5.2 by the Delaware State
Fire Prevention Commission, shall have until June 30, 1993
for the purpose of complying with the licensing requirements
of this Regulation.
4-5.5* Notwithstanding the provisions of §4-5.2 and
§4-5.4, those individuals, who have attended any training
seminars or who have sat for any testing process associated
with the licensing requirements of these Regulations, shall
have until June 30, 1993, to comply with the certification
requirements of this Regulation.
A-4-5.5 It is the express intent of the Delaware State
Fire Prevention Commission that any individual who has
attended a training seminar or who has sat for any of the
testing requirements associated with the licensing
requirements of these Regulations, shall have until June 30,
1993 to comply with the certification requirements of these
Regulations, pursuant to the action of the Commission of
February 18, 1992.
4-5 (Reserved)
4-6.6:
(c) Is guilty of a violation of the codes and regulations
adopted by the Delaware State Fire Prevention Commission
of the State of Delaware;
4-6.7 Any person aggrieved by an order or decision
of the State Fire Marshal with respect to the provisions of
this Chapter may file an appeal to the Delaware State Fire
Prevention Commission pursuant to 16 Del. C. §6608 and in
accordance with the provisions of these Regulations.
4-8.1 The licensed company's Certificate Holder is
responsible to forward to the Office of State Fire Marshal, on
the prescribed form, a separate Annual Certificate of
Inspection, along with the appropriate fees for all such fire
alarm signaling systems that the licensed company may
inspect, test, or maintain. This Certificate of Inspection,
which must be submitted annually, shall verify that the State
of Delaware State Fire Prevention Regulations standards and
specifications regarding the inspection, testing, or
maintenance have been met and any deficiencies noted at the
time of the annual inspection, testing, or maintenance shall
be noted, with corrective action, if any, taken.
Exception: Certificates of Inspection are not required to be
submitted for One-and-Two Family Dwellings.
a) 4-8.1.1 Certificates of Inspection as called for in
§4-8.1 of these Regulations for fire alarm signaling systems,
that are located in the jurisdiction of the Jurisdictional
Assistant State Fire Marshals, shall be forwarded to the
appropriate Jurisdictional Assistant State Fire Marshal's
office by the licensed company along with the appropriate
fees, if applicable.
4-8.3* 4-8.3 The Office of State Fire Marshal shall
establish the schedule for each Fire Alarm Signaling
Systems Company to forward the required Certificates of
Inspection.
A-4-8.3 4-8.4 An Annual Certificate of Inspection
shall be submitted to the Office of State Fire Marshal within
30 days of the date of the Annual Inspection.
4-9.1 Fees as charged in accordance with Part III, §4-
9.1 §4-8.1 and Appendix E of these Regulations for the
submission of Certificates of Inspections shall be due and
payable to the Office of State Fire Marshal according to the
provisions of Part III, Chapter 1, §1-4.1.6 1-4.1.4 of these
Regulations.
4-9.1.1 Fees as called for in Part III §4-8.1 of
these Regulations for fire alarm signaling systems, that are
located in the jurisdiction of the Jurisdictional Fire Marshals,
shall be due and payable to the appropriate Jurisdictional
Fire Marshal's office, if applicable.
4-10 Compliance
4-10.1 The failure of the licensed company to comply
with the provisions of this Section shall constitute a violation
of the Delaware State Fire Prevention Regulations.
Part III; Chapter 5
Licensing Regulations For Fire Suppression Systems
5-2 Fire Suppression System. Consists of an automatic or
manual system designed to protect the interior or exterior of
a building or structure from fire. Such systems include, but
are not limited to, water systems, water spray systems, foamwater
systems, foam-water spray systems, CO2 systems,
foam extinguishing systems, dry chemical systems, halon
clean agent and other chemical systems used for fire
protection use. Such systems also include the overhead and
fire mains, standpipes and hose connections to systems, tank
heaters, air lines, thermal systems used in connection with
sprinklers and tanks and pumps connected thereto. Fire
alarm systems, small pre-engineered fire suppression
systems, portable fire extinguishers and wheeled fire
extinguishers are covered under other Regulations of the Fire
Prevention Commission. It is further defined that a separate
fire suppression system consists of a series of sprinkler or
like nozzles connected to a piping system which are
controlled by a main control valve and are designed and
installed to function as one system.
Fire Suppression Systems Company, Existing. Shall mean a
person, organization, or entity that meets the definition of
FIRE SUPPRESSION SYSTEMS COMPANY (VENDOR)
who can clearly demonstrate performing work of this nature
prior to the effective date of this Regulation.
Preparing Technical Documents. Shall mean the
preparation of detailed fire suppression system drawings,
calculations, and specifications for installation in accordance
with the applicable codes, statutes and regulations adopted
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1656 FINAL REGULATIONS
by the State of Delaware State Fire Prevention Commission.
It is further defined to mean that the technical documents,
specifications, and design drawings referred to in this
Section are the documents which shall be submitted to the
Office of State Fire Marshal for review and approval.
Responsible Charge. Shall mean the individual, who is
responsible to ensure that all of the requirements of the State
of Delaware State Fire Prevention Regulations are complied
with in the application of those standards and specifications
to fire suppression systems. The person, or persons, of
responsible charge shall be accountable for each phase of the
following activities with respect to fire suppression systems,
when such activities constitute an element of their particular
Class of Certificate:
5-3.4.3 Insurance Certificates filed with the Office of
State Fire Marshal under this Section shall remain current
and in force until the insurer has terminated future liability
by a 30 10 day notice to the Office of State Fire Marshal.
5-4.1.2 The Certificate holder is the individual in
RESPONSIBLE CHARGE of ensuring that the functions for
which they have been certified have been performed in
accordance with the standards and specifications of the State
of Delaware State Fire Prevention Regulations.
5-4.2.3 Class III: Limited to engineered systems in the
following categories:
III(b) Limited to halon clean agent fire suppression
systems.
5-4.2.5 Class V: Limited to pre-engineered systems in
the following categories:
V(b) Limited to pre-engineered halon clean
agent fire suppression systems
5-4.3.1 To qualify as a Certificate Holder an individual
shall:
(d) Have passed an examination prescribed by the
Delaware State Fire Prevention Commission or an
equivalent examination approved by the Delaware State Fire
Prevention Commission. Any examination that has been
passed as prescribed by the Delaware State Fire Prevention
Commission, must have been completed within five (5)
years of the application date or, when an individual submits
such examination results for the Commission's review and
acceptance.
(e) To be utilized in the Certification process, any
examination that has been passed as prescribed by the State
Fire Prevention Commission in (d) above, must have been
completed within five (5) years of the application date or,
when an individual submits such examination results for the
Commission's review and acceptance.
(f) (e) For the purposes of this Regulation, a
Registered Delaware Professional Engineer shall be
recognized as a Certificate Holder without further
qualification.
5-5 Existing Fire Suppression Systems Companies.
5-5.1 Existing companies shall have until December
31, 1991 to comply with the certification requirements
herein.
5-5.2 Any company may apply for a single extension
of six months which may be granted at the discretion of the
Delaware State Fire Prevention Commission for the purpose
of complying with the licensing requirements of this
Regulation.
5-5.3 The individual or individuals who submit an
application for certification must be able to demonstrate at
least three years experience in the preparation of technical
documents, installation, inspection, testing or maintenance
of fire suppression systems, in order to have a provisional
license issued under this Section.
5-5.4 Notwithstanding the provisions of §5-5.2,
those companies that have applied for and have been granted
an extension as provided for in §5-5.2 by the Delaware State
Fire Prevention Commission, shall have until June 30, 1993
for the purpose of complying with the licensing requirements
of this Regulation.
5-5.5* Notwithstanding the provisions of §4-5.2 and
§4-5.4, those individuals, who have attended any training
seminars or who have sat for any testing process associated
with the licensing requirements of these Regulations, shall
have until June 30, 1993, to comply with the certification
requirements of this Regulation.
A-5-5.5 It is the express intent of the Delaware
State Fire Prevention Commission that any individual who
has attended a training seminar or who has sat for any of the
testing requirements associated with the licensing
requirements of these Regulations, shall have until June 30,
1993 to comply with the certification requirements of these
Regulations, pursuant to the action of the Commission of
February 18, 1992.
5-5 (Reserved)
5-6.6:
(c) Is guilty of a violation of the codes and
regulations adopted by the Delaware State Fire Prevention
Commission of the State of Delaware;
5-6.7 Any person aggrieved by an order or decision
of the State Fire Marshal with respect to the provisions of
this Chapter may file an appeal to the Delaware State Fire
Prevention Commission pursuant to 16 Del. C. §6608 and in
accordance with the provisions of these Regulations.
5-8.1 The licensed company's Certificate Holder is
responsible to forward to the Office of State Fire Marshal, on
the prescribed form, a separate Annual Certificate of
Inspection, along with the appropriate fees for all such fire
suppression systems that the licensed company may inspect,
test, or maintain. This Certificate of Inspection, which must
be submitted annually, shall verify that the State of Delaware
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1657
State Fire Prevention Regulations standards and
specifications regarding the inspection, testing, or
maintenance have been met and any deficiencies noted at the
time of the annual inspection, testing, or maintenance shall
be noted, with corrective action, if any, taken.
Exception: Certificates of Inspection are not required to be
submitted for One-and-Two Family Dwellings.
a) 5-8.1.1 Certificates of Inspection as called for
in §5-8.1 of these Regulations for fire suppression systems,
that are located in the jurisdiction of the Jurisdictional
Assistant State Fire Marshals, shall be forwarded to the
appropriate Jurisdictional Assistant State Fire Marshal's
office by the licensed company along with the appropriate
fees, if applicable.
5-8.3* 5-8.3 The Office of State Fire Marshal shall
establish the schedule for each Fire Suppression Systems
Company to forward the required Certificates of Inspection.
A-5-8.35-8.4 An Annual Certificate of Inspection
shall be submitted to the Office of State Fire Marshal within
30 days of the date of the Annual Inspection.
5-9.1 Fees as charged in accordance with Part III, §5-
9.1 §5-8.1 and Appendix E of these Regulations for the
submission of Certificates of Inspections shall be due and
payable to the Office of State Fire Marshal according to the
provisions of Part III, Chapter 1, §1-4.1.6 1-4.1.4 of these
Regulations.
5-9.1.1 Fees as called for in Part III §5-8.1 of
these Regulations for fire suppression systems, that are
located in the jurisdiction of the Jurisdictional Fire Marshals,
shall be due and payable to the appropriate Jurisdictional
Fire Marshal's office, if applicable.
5-10 Compliance
5-10.1 The failure of the licensed company to comply
with the provisions of this Section shall constitute a violation
of the Delaware State Fire Prevention Regulations.
Part III; Chapter 6
Licensing Regulations For Fire Alarm Signaling Systems
In-house Licensee's
6-2 Fire Alarm Signaling Systems In-House Licensee/
Existing (In-House Licensee/Existing). Shall mean a person,
organization or entity that meets the definition of a FIRE
ALARM SIGNALING SYSTEMS COMPANY IN-HOUSE
LICENSEE, who can clearly demonstrate performing work
of this nature prior to the effective date of this Regulation.
Preparing Technical Documents. Shall mean the
preparation of detailed fire alarm signaling system drawings,
calculations and specifications for installation in accordance
with the applicable codes, statutes and regulations adopted
by the State of Delaware State Fire Prevention Commission.
It is further defined to mean that the technical documents,
specifications and design drawings referred to in this Section
are the documents which shall be submitted to the Office of
State Fire Marshal for review and approval.
Responsible Charge. Shall mean the individual, who is
responsible to ensure that all of the requirements of the State
of Delaware State Fire Prevention Regulations are complied
with in the application of those standards and specifications
to fire alarm signaling systems. The person, or persons, of
responsible charge shall be accountable for each phase of the
following activities with respect to fire alarm signaling
systems, when such activities constitute an element of their
particular Class of Certificate: .
(a) Preparation of technical documents, including
review and approval by the Office of State Fire Marshal.
(b) Installation of fire alarm signaling systems.
(c) Inspection, Testing, and Maintenance including but
not limited to installation testing, acceptance testing, and any
other inspections, testing, or maintenance as required under
these Regulations.
(d) Submission of all reports, technical documents or
Certificates of Inspection and any other materials required to
be prepared, recorded or submitted under these Regulations.
6-3.3.1. The In-House Licensee shall be limited to
performing functions related only to those types of activities
for which the Certificate Holder has been certified The In-
House Licensee shall be limited to performing testing,
inspection, and maintenance functions only to those types of
fire alarm signaling systems for which the Certificate Holder
has been certified.
6-3.4.3 Insurance Certificates filed with the Office of
State Fire Marshal under this Section shall remain current
and in force until the insurer has terminated future liability
by a 30 ten (10) day notice to the Office of State Fire
Marshal.
6-4.1.2 The Certificate Holder is the person in
RESPONSIBLE CHARGE of ensuring that the required
Inspection, Testing, and Maintenance Services, for which
they have been certified, have been performed in accordance
with the standards and specifications of the State of
Delaware State Fire Prevention Regulations.
6-4.2.1 Class VIII: Limited to Inspection, Testing, and
Maintenance Service of wholly owned or proprietary fire
alarm signaling systems in accordance with the PURPOSE,
SCOPE AND APPLICATION; AND DEFINITIONS, for
the periodic and annual inspection, testing, or maintenance
requirements of the State of Delaware State Fire Prevention
Regulations. This class of certificate is reserved for those
In-House Licensees as defined in §6-2 of this Chapter.
6-4.3.1 To qualify as a Certificate Holder, an
individual shall:
(d) Have passed an examination prescribed by the
Delaware State Fire Prevention Commission or an
equivalent examination approved by the Delaware State Fire
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1658 FINAL REGULATIONS
Prevention Commission;. Any examination that has been
passed as prescribed by the Delaware State Fire Prevention
Commission must have been completed within five (5) years
of the application date or, when an individual submits such
examination results for the Commission's review and
acceptance.
(e) To be utilized in the Certification process, any
examination that has been passed as prescribed by the State
Fire Prevention Commission in (d) above, must have been
completed within five (5) years of the application date or,
when an individual submits such examination results for the
Commission's review and acceptance.
(f)(e) For the purposes of this Regulation, a
Registered Delaware Professional Engineer shall be
recognized as a Certificate Holder without further
qualification.
6-5 Fire Alarm Signaling Systems In-House/ Existing.
6-5.1 In-House Licensees/Existing shall have until
December 31, 1994, to comply with the licensing
requirements of this Regulation.
6-5.2 The In-House Licensee/Existing shall make
application to the Office of State Fire Marshal for such status
and will be issued a conditional license to carry out the
provisions of these Regulations in their facilities pending the
completion of the certification process for a Certificate
Holder which must be completed by December 31, 1994.
The prescribed license fee shall be paid at the time of
application and when all of the requirements for licensing as
prescribed by these Regulations for a Conditional License
have been met, the State Fire Marshal will issue such
Conditional License. The requirements for obtaining this
Conditional License shall be in accordance with §6-3 of this
Chapter.
6-5.3 The In-House Licensee/Existing shall submit
an application for a least one individual who will be
designated the Certificate Holder for the purpose of
obtaining a Conditional License. The prescribed fee for the
Certificate Holder(s) will be paid to the Office of State Fire
Marshal at the time of application.
6-5.4 The individual or individuals who submit an
application must be able to demonstrate at least three years
experience in the inspection, testing, or maintenance of fire
alarm signaling systems, in order to have the In-House
Licensee/Existing be issued a Conditional License under this
Section.
6-5 (Reserved)
6-6.6
(b) Is guilty of gross negligence, incompetence, or
misconduct in the preparation of technical documents,
installation, inspection, testing or maintenance of a fire
alarm signaling system;
(c) Is guilty of a violation of the codes and
regulations adopted by the Delaware State Fire Prevention
Commission of the State of Delaware;
6-6.7 Any person aggrieved by an order or decision
of the State Fire Marshal with respect to the provisions of
this Chapter may file an appeal to the Delaware State Fire
Prevention Commission pursuant to 16 Del. C. §6608 and in
accordance with the provisions of these Regulations.
6-8 Submission Of Certificates Of Inspection.
6-8.1* 6-8.1 The In-House Licensee's Certificate
Holder licensed company is responsible to forward to the
Office of State Fire Marshal, on the prescribed form, a
separate Certificate of Inspection, along with the appropriate
fees, for each fire alarm signaling system that the In-House
Licensee licensed company may inspect, test or maintain.
This Certificate of Inspection, which must be submitted
annually, shall verify that the State of Delaware State Fire
Prevention Regulations standards and specifications
regarding the inspection, testing or maintenance have been
met and any deficiencies noted at the time of the annual
inspection, testing or maintenance shall be noted, with
corrective action, if any, taken.
(a) 6-8.1.1 Certificates of Inspection as called for
in §6-8.1 of these Regulations for fire alarm signaling
systems that are located in the jurisdiction of the
Jurisdictional Assistant State Fire Marshals, shall have
copies of such certificates forwarded to the appropriate
Assistant State Fire Marshal by the State Fire Marshal shall
be forwarded to the appropriate Jurisdictional Fire Marshal's
office by the licensed company along with the appropriate
fees, if applicable.
A-6-8.1 Certificates of Inspection are a function of
the licensing Program and as the licensing authority, the
Delaware State Fire Prevention Commission/State Fire
Marshal, shall receive all such certificates and associated
fees, if any. The State Fire Marshal shall forward a copy of
the Certificate of Inspection for all fire alarm signaling
systems, fire suppression systems and other fire protection
systems that are located within the jurisdiction of the
Assistant State Fire Marshals to those jurisdictions. The
single collection point for such certificates will greatly
enhance the administration and management of the licensing
program and will eliminate any confusion to the vendors,
contractors or to the public as to where to send such
certificates.
6-8.4 An Annual Certificate of Inspection shall be
submitted to the Office of State Fire Marshal within 30 days
of the date of the Annual Inspection.
6-9.1 The State Fire Marshal shall charge such fees
in the application of these Regulations as defined in
Appendix E of these Regulations.
6-9.1 Fees as charged in accordance with Part III, §6-
8.1 and Appendix E of these Regulations for the submission
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1659
of Certificates of Inspections shall be due and payable to the
Office of State Fire Marshal according to the provisions of
Part III, Chapter 1, 1-4.1.4 of these Regulations.
6-9.1.1 Fees as called for in Part III §6-8.1 of
these Regulations for fire alarm signaling systems, that are
located in the jurisdiction of the Jurisdictional Fire Marshals,
shall be due and payable to the appropriate Jurisdictional
Fire Marshal's office, if applicable.
6-10 Compliance
6-10.1 The failure of the licensed company to comply
with the provisions of this Section shall constitute a violation
of the Delaware State Fire Prevention Regulations.
Part III; Chapter 7
Licensing Regulations For Fire Suppression Systems In-
house Licensee's
7-2 Fire Suppression System. Consists of an automatic or
manual system designed to protect the interior or exterior of
a building or structure from fire. Such systems include, but
are not limited to, water systems, water spray systems, foamwater
systems, foam-water spray systems, CO2 systems,
foam extinguishing systems, dry chemical systems, halon
clean agent and other chemical systems used for fire
protection use. Such systems also include the overhead and
fire mains, standpipes and hose connections to systems, tank
heaters, air lines, thermal systems used in connection with
sprinklers and tanks and pumps connected thereto. Fire
alarm systems, small pre-engineered fire suppression
systems, portable fire extinguishers and wheeled fire
extinguishers are covered under other Regulations of the Fire
Prevention Commission. It is further defined that a separate
fire suppression system consists of a series of sprinkler or
like nozzles connected to a piping system which are
controlled by a main control valve and are designed and
installed to function as one system.
Fire Suppression Systems In-House Licensee/ Existing
(In-House Licensee/Existing). Where used in this Chapter,
shall mean a person, organization or entity that meets the
definitions of a FIRE SUPPRESSION SYSTEMS INHOUSE
LICENSEE, who can clearly demonstrate
performing work of this nature prior to the effective date of
this Regulation.
Preparing Technical Documents. Shall mean the
preparation of detailed fire suppression system drawings,
calculations, and specifications for installation in accordance
with the applicable codes, statutes and regulations adopted
by the State of Delaware State Fire Prevention Commission.
It is further defined to mean that the technical documents,
specifications and design drawings referred to in this Section
are the documents which shall be submitted to the Office of
State Fire Marshal for review and approval.
Responsible Charge. Shall mean the individual, who is
responsible to ensure that all of the requirements of the State
of Delaware State Fire Prevention Regulations are complied
with in the application of those standards and specifications
to fire suppression systems. The person, or persons, of
responsible charge shall be accountable for each phase of the
following activities with respect to fire suppression systems
when such activities constitute an element of their particular
Class of Certificate:.
(a) Preparation of technical documents, including
review and approval by the Office of State Fire Marshal;
(b) Installation of fire suppression systems;
(c) Inspection, Testing, and Maintenance
including, but not limited to, installation testing, acceptance
testing, any inspection, testing or maintenance as required
under these Regulations;
(d) Submission of all reports, technical documents,
Certificates of Inspection and any other materials required to
be prepared, recorded or submitted under these Regulations.
7-3.3.1 The In-House Licensee shall be limited to
performing testing, inspection, and maintenance functions
related only to those types of activities for which the
Certificate Holder has been certified.
7-3.4.3 Insurance Certificates filed with the Office of
State Fire Marshal under this Section shall remain current
and in force until the insurer has terminated future liability
by a 30 ten (10) day notice to the Office of State Fire
Marshal.
7-4.1.2 The Certificate Holder is the person in
RESPONSIBLE CHARGE of ensuring that the required
Inspection, Testing, and Maintenance Services, for which
they have been certified, have been performed in accordance
with the standards and specifications of the State of
Delaware State Fire Prevention Regulations.
7-4.2.1 Class VIII: Limited to Inspection, Testing, or
Maintenance Service of wholly owned or proprietary fire
suppression systems in accordance with the PURPOSE,
SCOPE AND APPLICATION; AND DEFINITIONS, for
the periodic and annual inspection, testing or maintenance
requirements of the State of Delaware State Fire Prevention
Regulations. This class of certificate is reserved for those In-
House Licensees as defined in §7-2 of this Chapter.
7-4.3.1 To qualify as a Certificate Holder, an
individual shall:
(d) Have passed an examination prescribed by the
Delaware State Fire Prevention Commission or an
equivalent examination approved by the Delaware State Fire
Prevention Commission;. Any examination that has been
passed as prescribed by the Delaware State Fire Prevention
Commission must have been completed within five (5) years
of the application date or, when an individual submits such
examination results for the Commission's review and
acceptance.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1660 FINAL REGULATIONS
(e) To be utilized in the Certification process, any
examination that has been passed as prescribed by the State
Fire Prevention Commission in (d) above, must have been
completed within five (5) years of the application date or,
when an individual submits such examination results for the
Commission's review and acceptance.
(f)(e) For the purposes of this Regulation, a
Registered Delaware Professional Engineer shall be
recognized as a Certificate Holder without further
qualification.
7-5 Fire Suppression Systems In-House Licensee/
Existing
7-5.1 In-House Licensees/Existing shall have until
December 31, 1994, to comply with the licensing
requirements of this Regulation.
7-5.2 The In-House Licensee/Existing shall make
application to the Office of State Fire Marshal for such status
and will be issued a conditional license to carry out the
provisions of these Regulations in their facilities pending the
completion of the certification process for a Certificate
Holder which must be completed by December 31, 1994.
The prescribed license fee shall be paid at the time of
application and when all of the requirements for licensing as
prescribed by these Regulations for a Conditional License
have been met, the State Fire Marshal will issue such
Conditional License. The requirements for obtaining this
Conditional License shall be in accordance with Section 7-3
of this Chapter.
7-5.3 The In-House Licensee/Existing shall submit
an application for at least one individual who will be
designated the Certificate Holder for the purpose of
obtaining a Conditional License. The prescribed fee for the
Certificate Holder(s) will be paid to the Office of State Fire
Marshal at the time of application.
7-5.4 The individual or individuals who submit an
application must be able to demonstrate at least three years
experience in the inspection, testing or maintenance of fire
suppression systems, in order to have the In-House Licensee/
Existing be issued a Conditional License under this Section.
7-5 (Reserved)
7-6.6
(b) Is guilty of gross negligence, incompetence, or
misconduct in the preparation of technical documents,
installation, inspection, testing or maintenance of a fire
alarm signaling system;
(c) Is guilty of a violation of the codes and
regulations adopted by the Delaware State Fire Prevention
Commission of the State of Delaware;
7-6.7 Any person aggrieved by an order or decision
of the State Fire Marshal with respect to the provisions of
this Chapter may file an appeal to the Delaware State Fire
Prevention Commission pursuant to 16 Del. C. §6608 and in
accordance with the provisions of these Regulations.
7-8.1* 7-8.1 The In-House Licensee's Certificate
Holder licensed company is responsible to forward to the
Office of State Fire Marshal, on the prescribed form, a
separate Certificate of Inspection, along with the appropriate
fees, for each fire suppression system that the In-House
Licensee licensed company may inspect, test or maintain.
This Certificate of Inspection, which must be submitted
annually, shall verify that the State of Delaware State Fire
Prevention Regulations standards and specifications
regarding the inspection, testing or maintenance have been
met and any deficiencies noted at the time of the annual
inspection, testing or maintenance shall be noted, with
corrective action, if any, taken.
a) 7-8.1.1 Certificates of Inspection as called for
in §7-8.1 of these Regulations for fire suppression systems
that are located in the jurisdiction of the Jurisdictional
Assistant State Fire Marshals, shall have copies of such
certificates forwarded to the appropriate Assistant State Fire
Marshal by the State Fire Marshal shall be forwarded to the
appropriate Jurisdictional Fire Marshal's office by the
licensed company along with the appropriate fees, if
applicable.
A-7-8.1 Certificates of Inspection are a function of
the licensing Program and as the licensing authority, the
Delaware State Fire Prevention Commission/State Fire
Marshal, shall receive all such certificates and associated
fees, if any. The State Fire Marshal shall forward a copy of
the Certificate of Inspection for all fire alarm signaling
systems, fire suppression systems and other fire protection
systems that are located within the jurisdiction of the
Assistant State Fire Marshals to those jurisdictions. The
single collection point for such certificates will greatly
enhance the administration and management of the licensing
program and will eliminate any confusion to the vendors,
contractors or to the public as to where to send such
certificates.
7-8.4 An Annual Certificate of Inspection shall be
submitted to the Office of State Fire Marshal within 30 days
of the date of the Annual Inspection.
7-9.1 The State Fire Marshal shall charge such fees
in the application of these Regulations as defined in
Appendix E of these Regulations.
7-9.1 Fees as charged in accordance with Part III, §7-
8.1 and Appendix E of these Regulations for the submission
of Certificates of Inspections shall be due and payable to the
Office of State Fire Marshal according to the provisions of
Part III, Chapter 1, 1-4.1.4 of these Regulations.
7-9.1.1 Fees as called for in Part III §7-8.1 of
these Regulations for fire suppression systems, that are
located in the jurisdiction of the Jurisdictional Fire Marshals,
shall be due and payable to the appropriate Jurisdictional
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1661
Fire Marshal's office, if applicable.
7-10 Compliance
7-10.1 The failure of the licensed company to comply
with the provisions of this Section shall constitute a violation
of the Delaware State Fire Prevention Regulations.
Part III; Chapter 8
Licensing And Reporting Requirements For Central
Station And Remote Station Services
8-1.2 Scope. In addition to the nationally recognized
codes and standards as adopted and/or modified by these
Regulations, this Regulation establishes minimum
requirements for the licensing and reporting requirements for
central station and remote station services, fire protection
monitoring services, and individuals, firms, organizations, or
businesses by any other name which monitor any fire alarm
signaling system, fire suppression system, or any fire
protection system with an objective of receiving alarms from
protected properties and then transmitting the alarm to an
emergency a fire dispatch center or fire department.
8-3.4.3 Insurance Certificates filed with the Office
of State Fire Marshal under this section shall remain current
and in force until the insurer has terminated future liability
by a 30 ten (10) day notice to the Office of State Fire
Marshal.
8-4.1.1 All licensees must maintain in their alarm
receiving location and must provide the appropriate
emergency fire dispatch center and jurisdictional fire
department the following records:
8-5.6
(c) Is guilty of a violation of the codes and
regulations adopted by the Delaware State Fire Prevention
Commission of the State of Delaware;
8-5.7 Any person aggrieved by an order or decision
of the State Fire Marshal with respect to the provisions of
this Chapter may file an appeal to the Delaware State Fire
Prevention Commission pursuant to 16 Del. C. §6608 and in
accordance with the provisions of these Regulations.
8-6 Compliance Dates.
8-6.1 Licensing Requirement.
8-6.1.1 All central station, remote station, and
systems monitoring companies shall file an application for
licensing under this Regulation within 30 days of the
effective date.
8-6.2 Reporting And Records Requirements.
8-6.2.1 All licensees shall be in compliance with
the reporting requirements of this Regulation 60 days after
the effective date.
8-6.3 Effective Date.
8-6.3.1 The effective date of this Regulation will
be July 1, 1997.
Part IV; Chapter 2 - Fireworks Display
2.1.1.1 Pursuant to 16 Del. C. Chapter 69, no person
shall store, sell, offer or expose for sale, or have in
possession with intent to sell or to use, discharge or cause to
be discharged, ignited, fired or otherwise set in action within
this State, any fireworks, firecrackers, rockets, sparklers,
torpedoes, Roman candles, fire balloons or other fireworks
or substances of any combination whatsoever designed or
intended for pyrotechnic display except as otherwise
provided for in this Regulation
2-2.3 The application for a permit for a public
display of fireworks shall be accompanied by the following:
(a) A bond in the principle sum of five thousand
dollars ($5,000.00) payable to the State indemnifying any
person who receives or sustains injury to his person or
property by reason of any discharge of the fireworks by the
applicant or anyone acting for or on his behalf. Any such
person receiving or sustaining injury may sue on the bond in
the name of the State to recover damages for such injury and
the Attorney General shall represent such person in the
action. [16 Del. C. §6903 (c)]
(b) A certificate of insurance in the amount of
$500,000.00 naming the sponsoring organization and the
operator of the display as co-insured.
(a) A certificate of insurance issued by a bona fide
insurance company licensed by the State Insurance
Commissioner showing a minimum of $1,000,000 liability
insurance per event pursuant to 16 Del. C. §6903 (c).
(c)(b) A diagram of the grounds on which the
display is to be held showing the point at which the
fireworks are to be discharged, the location of all buildings,
highways, streets, roads, the lines behind which the audience
or spectators will be restrained, and the location of all nearby
trees, telegraph, or telephone lines or other overhead
obstructions.
(d)(c) A check in the amount prescribed in
Appendix E of these Regulations and made payable to THE
STATE OF DELAWARE.
2-2.5 No permit shall be issued until the site is
inspected by the State Fire Marshal. A site inspection shall
cover all regulations in this chapter, 16 Del. C., Chapter 69,
the Code for Fireworks Display, N.F.P.A. 1123 and the
Standard for the Use of Pyrotechnics before a Proximate
Audience, N.F.P.A. 1126. A permit shall only be issued after
a satisfactory site inspection has been completed.
2-3.1.10 The State Fire Marshal shall have the
authority to apply any provision from the Standard for Public
Display of Fireworks, NFPA 1123 Code for Fireworks
Display, N.F.P.A. 1123 and the Standard for the Use of
Pyrotechnics before a Proximate Audience, N.F.P.A. 1126,
as adopted and/or modified by these Regulations, as the
standards for any provision not specifically covered in this
Chapter or in 16 Del. C., Chapter 69.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1662 FINAL REGULATIONS
2-5.1.11 Any person, who has their license
suspended or revoked under the provisions of this Chapter or
any other Chapter of these regulations, may appeal the action
of suspension or revocation to the Delaware State Fire
Prevention Commission under the provisions set forth in Part
I, Chapter 1 of these Regulations.
Part IV; Chapter 3 - Explosives, Ammunition, Blasting
Agents
3-1.4 No permit shall be issued until the site is
inspected by the State Fire Marshal. A site inspection shall
cover all regulations in this chapter, 16 Del. C., Chapter 70,
and the Explosive Materials Code, N.F.P.A. 495. A permit
shall only be issued after a satisfactory site inspection has
been completed.
3-2.2 The above log shall be in a bound type book
and shall be kept on each job site and date entered with each
shot. The log shall be made immediately available to the
State Fire Marshal or authorized designee upon request.
3-6.1 The transportation of explosives shall comply
with the provisions of The Hazardous Materials
Transportation Act as provided in 29 Del. C. §8223 through
§8230. A permit is required from the State Fire Marshal for
the transportation of explosives within the State of
Delaware. No permit shall be issued until the vehicle is
inspected by the State Fire Marshal. The vehicle inspection
shall cover all regulations in this chapter, 16 Del. C., Chapter
71 and the Hazardous Materials Transportation Act, as
provided in 29 Del. C. §8223 through §8230.
Part IV; Chapter 4 - Amusement Ride Safety
4-2 Application For Permit For Amusement Rides
4-2.1 Any association or company desiring to
operate a public amusement shall apply to the State Fire
Marshal for a permit to operate such amusement at least 7
days prior to the first date of operating the amusement.
4-2.2 Such application for a permit for a public
amusements shall set forth:
(a) The name and address of the organization
sponsoring the amusements.
(b) The name, address and telephone number
of an individual from the sponsoring organization who will
be the contact person for the Office of State Fire Marshal.
(c) The times of day and dates when the
amusements will open to the public.
(d) The exact location planned for the
amusements..
(e) The signature of the contact person from
the sponsoring organization.
4-2 4-3 Electrical Inspection Required.
4-2.1 4-3.1 Each time an amusement ride as defined in
16 Del. C., Chapter 64, is set-up, assembled, or otherwise
made ready for public use or occupancy or in any way in
which a person may come in contact with the amusement
ride, an electrical inspection shall be conducted by a
recognized electrical inspection agency, as certified by the
Delaware State Board of Electrical Examiners.
4-2.2 4-3.2 The inspection shall determine that all
provisions of the National Electric Code, NFPA 70, as
adopted and/or modified by these Regulations, have been
complied with.
4-2.3 4-3.3 A report shall be issued to the State Fire
Marshal from the electrical inspection agency containing the
following information:
4-3 Handling Of Complaints.
4-3.1 Whenever the State Fire Marshal has reason to
believe that continued operation of an amusement ride
constitutes a threat to life safety, the State Fire Marshal shall
have the authority to issue a summary abatement in
accordance with the provisions of Part I, Chapter 1 of these
Regulations.
4-3.2 Such summary abatement shall remain in effect
until the Office of State Fire Marshal is satisfied that the
hazard to life has been corrected.
4-5.1 No permit shall be issued until the site is
inspected by the State Fire Marshal. A site inspection shall
cover all regulations in this chapter and 16 Del. C., Chapter
64. A permit shall only be issued after a satisfactory site
inspection has been completed.
4-6 Handling Of Complaints.
4-6.1 Whenever the State Fire Marshal has reason to
believe that continued operation of an amusement ride
constitutes a threat to life safety, the State Fire Marshal shall
have the authority to issue a summary abatement in
accordance with the provisions of Part I, Chapter 1 of these
Regulations.
4-6.2 Such summary abatement shall remain in effect
until the Office of State Fire Marshal is satisfied that the
hazard to life has been corrected.
Part V; Chapter 5
Standard For The Marking, Identification, And
Accessibility Of Fire Lanes, Exits, Fire Hydrants,
Sprinkler, And Standpipe Connections
5-1.1.3 The revisions to the Regulation that affect
marking of fire lanes shall take effect on January 1, 2004.
5-1.4.1 Fire Lane: A paved roadway surface that
provides unobstructed access to a building for Fire
Department apparatus and any other emergency vehicles at
all times.
5-2.11 Enforcement action regarding stopping,
standing or parking a vehicle within 15 feet of a fire hydrant
shall be as prescribed in this regulation and 21 Del. C. 417 and
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1663
21 Del. C. §7001and/or 21 Del C§4179.
5-2.12 Four Three copies of an independent and
specific record type plan shall be submitted to the State Fire
Marshal's Office providing specific identification and
marking details of access roadways, fire lanes, fire
department connections, and fire hydrants.
5-3.1 Where emergency services have to utilize
access roadways between public streets or roads to reach
designated fire lanes, such access roadways shall be a
minimum of 24 feet in width and constructed to meet the
minimum engineering specifications and/or requirements to
support emergency apparatus pursuant to the Delaware
Department of Transportation requirements for paved
roadways.
5-3.2 Access roadways with no parking on one or
both sides shall be marked as follows:
Curbs painted yellow or a yellow demarcation line lines
as illustrated in the appropriate section of this regulation
5-4.4* 5-4.4 The minimum width of primary and/or
secondary fire lanes may be reduced when, in the opinion of
the State Fire Marshal, the reduced width will not impact on
the accessibility of fire department emergency vehicles.
A-5.4.4 The intent of this section is to allow the
State Fire Marshall to accept a primary and/or secondary fire
lane width less than what is required by these Regulations.
5-4.5 Fire lanes shall be constructed to meet the
minimum engineering specifications and/or requirements to
support emergency apparatus pursuant to the Delaware
Department of Transportation requirements for paved
roadways.
5-5.4 Fire lanes The closest edge of fire lanes, both
primary and secondary, shall not be located further than 50
feet from an exterior wall if one or two stories; 40 feet if
three or four stories and 30 feet if over four stories in height.
5-6.1.2 Fire lanes with no parking between the fire
lane and the building shall be marked as follows:
( a) Curbs painted yellow or 4 inch yellow
demarcation lines on both the inner and outer edges of the
fire lane(s). as follows:
1. Both the inner and outer edges of the
fire lane marked with curbs painted yellow, or
2. The inner edge of the fire lane marked
with a curb painted yellow and the outer edge of the fire lane
marked with a four inch (4") yellow demarcation line, or
3. The inner edge of the fire lane marked
with a four inch (4") yellow demarcation line and the outer
edge of the fire lane marked with a curb painted yellow, or
4. Both the inner and outer edges of
the fire lane marked with four inch (4") yellow demarcation
lines.
(b) Signs, posted along the shall be posted
along the inner curb, building line, or edge of the roadway
placed at each end of the fire lane and spaced at 150 foot
intervals maximum; . All signs shall be located no less than
six feet and no higher than eight feet above the pavement.
(c) Where the four inch yellow demarcation
line of the outer edge of a fire lane intersects an access
roadway or parking lot aisle, it may be marked as follows.
1. A solid four inch yellow demarcation
line may continue to run across the intersection of the access
roadway or parking lot aisle, or
2. A broken (intermittent) four inch
yellow demarcation line may continue to run across the
intersection of the access roadway or parking lot aisle, or
3. The solid four inch yellow
demarcation line may be omitted at the intersection of the
access roadway or parking lot aisle but shall continue for the
remainder of the fire lane where it does not intersect an
access roadway or parking lot aisle.
5-6.1.3 Fire lanes with permitted parking between
the fire lane and the building shall not require any form of
marking.
Fire lanes with permitted parking between the fire
lane and the building shall be marked as follows:
(a) 4 inch yellow demarcation lines on both
the inner edge and outer edge of the fire lane(s).
(b) Roadway markings shall utilize the words
"FIRE" and "LANE" and shall conform to the following
specifications.
(1) The first word "FIRE" shall be closest
to a driver approaching such marking;
(2) Each word shall be at least ten feet in
height and 20 feet or 12 feet in width, on center, conforming
to the width of the fire lane so as to define the location of the
fire lane;
(3) This distance between the word
"FIRE" and the word "LANE" shall be no greater than 30
feet; and
(4) The distance from the word "LANE"
to the beginning of the second set of roadway markings
where the word "FIRE" begins shall be no greater than 100
feet.
5-6.1.4 When fire lanes are indicated by a curb
being painted or marked yellow or a yellow line is placed at
the edge of a roadway or shoulder, the minimum width of the
yellow line shall be four inches (4").
5-9.2 All exits shall have demarcation lines of at
least four inch (4") minimum width to define specific areas.
5-9.3 All demarcation lines shall be a minimum of
four inches (4") in width.
5-9.4 5-9.3 Demarcation lines shall be yellow in color
and only a vivid and durable paint shall be used which is
suitable for road surfaces.
5-9.5 5-9.4 Demarcation lines on secondary exits shall
be measured from the center line of the exit way and shall
extend for a distance of six feet (6') on either side to the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1664 FINAL REGULATIONS
public way (fire lane).
5-9.6 5-9.5 Demarcation lines need not be located on
sidewalk surfaces or other pedestrian surfaces not subject to
vehicular traffic but shall extend from the end of the
sidewalk surface to the fire lane.
5-9.7 5-9.6 No objects, stands, displays, or other
impediments shall be located within the demarcation area.
5-9.7 When required by the State Fire Marshal,
minimum four inch (4") diameter steel bollards filled with
concrete and painted yellow shall be installed at the corners
of the exit's demarcation area. The minimum height of the
bollard shall be thirty six inches (36") above the finished
grade of the adjacent surface.
5-9.8 Four inch steel bollards filled with concrete
and painted yellow shall be installed at the corners of the exit
demarcation area
5-10.2 When fire hydrants are located along the curb
line, the area between the fire hydrant and the fire lane shall
be stenciled with 4 inch (4") demarcation lines and the words
"NO PARKING", which shall extend to a distance of 15 feet
on either side to be measured from the center line of the fire
hydrant.
NOTE: See Figure Five - Marking of Fire Hydrant
Along a Curb Line
5-10.3 Where fire hydrants are located on a curb
island extension in such a manner that the hydrant is directly
accessible to the access or fire lane, it will only be necessary
to paint the curb island extension for the distance it traverses
the access lane.
NOTE: See Figure Seven - Marking of Fire Hydrant on
a Curb Island Extension
5-10.6 Where fire hydrants are located in parking lots
or other areas susceptible to blockage by parked vehicles
they shall be treated as follows:
(a) Fire hydrants shall be protected in all directions
for a distance of seven feet (7') with barriers or curbing
(b) A fire lane An access roadway with a minimum
of 16 feet shall run through the parking area and adjacent to
the demarcation area of the fire hydrant.
(c) The fire lane access roadway in (b) above shall
extend "from" and "to" a traffic lane.
(d) All fire hydrants shall have demarcation lines
to define specific areas. All demarcation lines shall be
yellow in color and only a vivid and durable paint shall be
used which is suitable for road surfaces.
(e) Minimum four inch (4") diameter steel bollards
filled with concrete and painted yellow shall be installed at
the corners of the fire hydrant demarcation area. The
minimum height of the bollard shall be thirty six inches
(36") above the finished grade of the adjacent surface.
5-10.6.1 Where fire hydrants are located in parking
lots on a curb island extension in such a manner that the
hydrant is directly accessible to the access or fire lane, it will
only be necessary to paint the curb island extension for the
distance it traverses the access lane.
NOTE: See Figure Seven - Marking of Fire
Hydrant on a Curb Island Extension
5-11.5 All fire department connections standpipe and
sprinkle connections (standpipe and sprinkler) and other
such like items shall have demarcation lines and shall
include the words "NO PARKING" to define specific areas.
5-11.8 When required by the State Fire Marshal,
minimum four inch (4") diameter steel bollards filled with
concrete and painted yellow shall be installed at the corners
of the demarcation area for the fire department connections.
The minimum height of the bollard shall be thirty six inches
(36") above the finished grade of the adjacent surface.
5-11.9 All fire department connections (standpipe and
sprinkler) shall have a minimum 12" x 18" sign that reads:
FIRE DEPT.
CONNECTION
Sign lettering shall be a minimum of 3 inches (3") in
height with red scotch lite letters on white scotch lite
background. The sign shall be clearly visible from the fire
lane or roadway.'
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1665
Figure One
Marking of Primary Fire Lane with No Parking
F I GURE 1
PRIMARY FIRE L ANE
24'
FIRE LANE S IGN
150' ON CENT ER
FIRE LANE S IGN
1 50' ON CENT ER
4" DEMARCAT ION
LINES
OR
Y ELLOW CURBS
PARKING
SPACES
Figure Two
Marking of Primary Fire Lanes on Existing Buildings with Permitted
Parking
FIGURE 2
PRIMARY FIRE LANES
24'
4" DEMARCAT ION
LINES
1 ROW
OF PARKING
ALLOWED
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1666 FINAL REGULATIONS
Figure Three
Marking of Secondary Fire LaneWith a Sidewalk
S ID E W AL K
4 " DE M A R CAT ION L I NE S
OR
YE L L OW CU R B S
F IR E L AN E S IGN
AT EACH END &
150 ' ON CE NT E R
F IR E L AN E S IGN
AT EACH END &
150 ' ON CE NT E R
16'
F I G U R E 3
S E CON DAR Y F IR E L ANE
Figure Four
Marking of Secondary Fire LaneWithout a Sidewalk
4" EMP HAS IS LINES
6'
6'
NO PARKING AREA
1 ROW
OF P ARKING
ALL OWED
BUIL DING
EXIT
16'
F I G U R E 4
S ECONDARY FIRE L ANE
Figure Five
Marking of Fire Hydrant Along A Curb Line
F I G U R E 5
MARKING OF F IRE HYDRANT
ALONG CU RB LINE
4"
EMP HAS IS
L INE S
15 '
15 '
4"
DEM AR CAT ION
L INE S
PAR KING
7'0 " MAXIM UM
PAR KING
FIR E
L ANE Y ELLOW
CURBS
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1667
Figure Six
Marking and Protection of Fire Hydrant inVehicle Parking Area
7' MAX.
EXT ENDED IS L AND
NOT E:
S HADED AREA OF CURB
T O B E PAINTED YELLOW.
T RAF FIC
LANE
VEHICL E
PARKING
AREA
4"
DEMARCAT ION
L INES
4"
EMPHAS IS
L INE
VEHICL E
PARKING
AREA
P R OT ECT ION
AGAINS T
VEHICL E
IMPACT
7'
16'
7 ' MOT ORCYCLE PARKING
14'
F IG U R E 6
MARKING/P R OT ECT ION
OF F IR E HYDR ANT S
Figure Seven
Marking of Fire Hydrant on a Curb Island Extension
F I G URE 7
MARKING OF FIRE
HYDRANT ALONG CURB
Figure Eight
Marking of Standpipe and Sprinkler Connections
4" DEMARCAT ION L INE
4" EMP HAS IS LINE
4'
4'
NOT E:
S IGN L ET T ER ING T O B E
A MINIMU M OF
3 INCHES IN HEIGHT W IT H
R ED S COT CH L IT E LET T ER S
ON W HI T E S COT CH L I T E
BACKGR OU ND.
MINIMU M 12" X 18 "
"F IRE DEP T .
CONNECT ION"
F IRE DEP ART MENT
CONNE CT ION PAR KING
P ERMIT T ED
PAR KING
P ERMIT T ED
F I G U R E 8
S T ANDP IPE/S PRINKL ER
CONNECT ION
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1668 FINAL REGULATIONS
Figure Nine
Approved Sign For Marking Fire Lanes
NOT E S :
1. T HE S IGN S HAL L HAVE A W HIT E S COT CHL I T E
B ACK GR OU ND W IT H R E D S COT CH L IT E L E T T E R S ,
E XCE P T F OR T HE W OR D "NO" W HICH S HAL L HAVE
T H E COL OR S CH E ME R E VE R S E D .
2. T H E S IGN S S H AL L B E LOCAT ED AT E ACH E N D &
15 0' ON CE N T ER AL ON G F IR E L ANE S .
3. AL L L E T T E R IN G S HAL L B E 3 INCHE S IN HEIGHT ,
E XCE P T F OR T HE W OR D " P AR K ING" W HICH S HAL L
B E 2 INCHE S IN HEIGHT .
N O T E S :
1 . T H E S I G N S H A L L B E M E T A L , 1 2 " X 1 8 "
W H I T E S C O T C H L I T E B A C K G R O U N D W I T H
R E D L E T T E R S .
2 . A L L L E T T E R I N G S H A L L B E M I N I M U M 2 " I N
H E I G H T C E N T E R E D J U S T I F I E D R E A D I N G
" N O P A R K I N G F I R E L A N E " I N A L L C A P S
W I T H E A C H W O R D O N I T ' S O W N L I N E .
3 . T H E S I G N S S H A L L B E L O C A T E D A T E A C H
E N D & 1 5 0 ' O N C E N T E R A L O N G F I R E
L A N E S .
N O
P A R K I N G
F I R E
L A N E
F I G U R E 9
A P P R OVE D S I GN F OR
M A R K I N G F I R E L AN E S
F I G U R E 9
A P P R O V E D S I G N F O R
M A R K I N G F I R E L A N E S
DEPARTMENT OF
ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
COUNCIL ON REAL ESTATE APPRAISERS
24 DE Admin Code 2930
Statutory Authority: 24 Delaware Code,
Section 2934(a) (24 Del.C. §2934(a))
ORDER
A public hearing was held to receive comments on the
proposed changes to the Rules and Regulations of the
Council on Real Estate Appraisers on April 15, 2003. At the
meeting on April 22, 2003, the Council considered the
changes published in the Register of Regulations in Vol. 6,
Issue 9, March 1, 2003.
Summary Of The Evidence And Information Submitted
No written or verbal comments were received.
Findings Of Fact With Respect To The Evidence And
Information
The changes proposed will clarify and enumerate the
requirements for continuing education which are consistent
with the requirements of the Appraiser Qualifications Board
of The Appraisal Foundation.
Decision And Effective Date
The Council on Real Estate Appraisers hereby adopts
the changes to Rules 2.2 and 2.3 of the Rules and
Regulations as proposed to be effective 10 days following
final publication in the Register of Regulations
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1669
Text And Citation
The text of the Rules and Regulations appears in the
Register of Regulations, Vol. 6, Issue 9, March 1, 2003.
COUNCIL ON REAL ESTATE APPRAISERS
Lynn Perrine-Manus, Vice Chairperson
Charles Witt
J. Frank Perdue, Jr.
Bangalore Lakshman
Charlotte Dixon
Douglas Moore
Dated: April 22, 2003
*Please note that no changes were made to the regulation
as originally proposed and published in the March 2003
issue of the Register at page 1009 (6 DE Reg. 1009).
Therefore, the final regulation is not being republished.
Please refer to the March 2003 issue of the Register or
contact the Division of Professional Regulation.
DEPARTMENT OF EDUCATION
14 DE Admin. Code 401
Statutory Authority: 14 Delaware Code,
Section 122(d) (14 Del.C. §122(d))
Regulatory Implementing Order
401 Major Capital Improvement Program
I. Summary Of The Evidence And Information
Submitted
The Secretary intends to amend regulation 401 Major
Capital Improvement Programs in order to update
procedures and clarify issues concerning the school
construction process. Some of the clarifications are in
response to recommendations from the School Construction
Committee. Item 1.2 has been added in Section 1.0 in order
to allow for the consolidation of Major Capitol Improvement
projects in one location. In section 3.0 Approval of
Educational Specifications, Schematic Design Plans, Design
Development Plans and Construction Drawings, 3.6 has
been added to identify some exceptions to the process. In
4.0 Certificates of Necessity, sections 4.3 through 4.6 have
been added to clarify the process involved in acquiring a
Certificate of Necessity.
Notice of the proposed regulation was published in the
News Journal and the Delaware State News on March 26,
2003, in the form hereto attached as Exhibit A. No
comments were received.
II. Findings Of Facts
The Secretary finds that it is appropriate to amend this
regulation in order to update the language and references in
the regulation for the purpose of clarity.
III. Decision to Amend the Regulation
For the foregoing reasons, the Secretary concludes that
it is appropriate to amend the regulation. Therefore,
pursuant to 14 Del. C. §122, the regulation attached hereto as
Exhibit "B" is hereby amended. Pursuant to the provision of
14 Del. C. §122(e), the regulation hereby amended shall be
in effect for a period of five years from the effective date of
this order as set forth in SectionV. below.
IV. Text and Citation
The text of the regulation amended hereby shall be in
the form attached hereto as Exhibit "B", and said regulation
shall be cited as 14 DE Admin. Code § 401 in the
Regulations of the Department of Education.
V. Effective Date of Order
The actions hereinabove referred to were taken by the
Secretary pursuant to 14 Del. C. §122 on May 9, 2003. The
effective date of this Order shall be ten (10) days from the
date this Order is published in the Delaware Register of
Regulations.
IT IS SO ORDERED the 9th day of May 2003.
DEPARTMENT OF EDUCATION
Valerie A. Woodruff, Secretary of Education
401 Major Capital Improvement Programs
1.0 Major Capital Improvement Programs are projects
having a cost of $250,000 $500,000, or more.
1.1 The Secretary of Education shall annually review
the current cost per square foot for construction and make
needed adjustments as required.
1.2 Projects may be considered together to form a
single [major capital improvement project Major Capitol
Improvement Project]. However, the consolidated major
capital project should be a consolidation of projects at one
location.
2.0 Procedures for Approval of a Site for School
Construction
2.1 Local school districts shall contact notify the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1670 FINAL REGULATIONS
Department of Education by letter to schedule for a site
review when they propose to purchase a site for school
purposes. All prospective sites shall be reviewed at one time.
It is preferable that at least four (4) sites be considered.
2.2 The Department of Education will forward all
prospective sites to the following agencies the Office of
State Planning for the pre-application review process. for
there review and comment. The Department of Education
will consolidate review the responses of the other agencies in
order to review and rank the prospective sites and list all
reasons for approval or rejection. The Department shall then
notify the school district concerning their final decision.
2.2.1 State Planning Coordination Office
2.2.2 The Budget Office
2.2.3 The Department of Natural Resources and
Environmental Control
2.2.4 The Department of Agriculture
2.2.5 The Department of Transportation
2.2.6 The Local Planning Agency having
jurisdiction
3.0 Approval of Educational Specifications, Schematic
Design Plans, Preliminary Design Development Plans, and
Final Construction Drawings Plan Approvals.
3.1 Educational Specifications are defined as a
document which presents to an architect what is required of
an educational facility to house and implement the
educational philosophy and institutional program in an
effective way.
3.1.1 Educational Specifications shall be
approved by the local school board and the Department of
Education. The Department will require a minimum of ten
(10) working days for completion of the review and approval
process.
3.2 All Schematic Design Plans shall be approved by
the local school board and the Department of Education. and
these approved plans Schematic Design Plans should be sent
to the county or city planning office for information
purposes only. The Department of Education requires one
set of Schematic Design Plans.
3.3 All Preliminary Design Development Plans shall be
approved by the local school board and the Department of
Education. The Department of Education requires one set of
Design Development Plans.
3.4 All final plans Final Construction Drawings shall
be approved by the local school board and the Department of
Education. The Department of Education requires one set of
Final Construction Drawings.
3.5 The local school district must involve the following
groups in reviewing these plans Final Construction
Drawings prior to the final approval. Copies of all local and
state agency approvals shall be submitted to the Department
of Education for final approval.
3.5.1 Fire Marshal to review the plans for fire
safety.
3.5.2 Division of Public Health, Bureau of
Environmental Health, Sanitary Engineering for Swimming
Pools, and the County Health Unit for information on
Kitchens and Cafeterias.
3.5.3 Division of Facilities Management, Chief
of Engineering & Operations for compliance with building
codes.
3.5.4 Division of Highways for review of the
Site Plan showing entrances and exits.
3.5.5 Architectural Accessibility Board for
access for persons with disabilities.
3.5.6 Department of Natural Resources and
Environmental Control for wastewater and erosion control.
3.6 Exemptions: Major [capital projects Capitol
Projects] that do not include structural changes or wall
modifications such as, but not limited to, window
replacement, HVAC, electrical or plumbing infrastructure
upgrades do not require submission to the Department of
Education.
4.0 Certificates of Necessity
4.1 The Certificate of Necessity is a document issued
by the Department of Education which certifies that a
construction project is necessary and sets the scope and cost
limits for that project.
4.2 Certificates of Necessity shall be obtained
sufficiently in advance to meet all prerequisites for the
holding of a local referendum as it must be quoted in the
advertisement for the referendum and shall be issued only at
the written request of the local school district. Certificates of
Necessity shall be obtained sufficiently in advance to meet
all prerequisites for the holding of a local referendum and
shall be issued only at the written request of the local school
district. The Certificate of Necessity shall be quoted in the
advertisement for the referendum.
4.3 Projects proposing the construction of a new
building or for an addition to an existing building shall be
issued a separate Certificate of Necessity. Funds issued for
the construction of a new building or for an addition to an
existing building shall not be transferred between projects or
to projects in a separate Certificate of Necessity.
4.4 Additions to existing buildings that are done in
connection with other renovations may be issued a single
Certificate of Necessity. However, when the Certificate is
issued, it shall identify each building in the program and
describe the work to be done in that building including the
dollar amount for that work. Funds may be transferred
between projects issued under this Certificate of Necessity.
4.5 The Office of School Plant Planning will complete
the final Certificates of Necessity and forward the Certificate
of Necessity to the district superintendent for his/her
signature.
4.6 A copy of the final Certificate of Necessity will be
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1671
returned to the district within ten working days following
final approval by the Department of Education.
5.0 Notification, Start of Construction, Completion of
Construction and Certificate of Occupancy
5.1 The school district shall submit to the Department
of Education and the State Budget Director a construction
schedule, showing start dates, intermediate stages and final
completion dates.
5.2 The school district shall notify the Department of
Education, the State Budget Director and the Insurance
Coverage Office at the completion of the construction,
which is defined as when the school district, with the
concurrence of the architect, accepts the building as
complete.
5.3 The school district shall notify the Department of
Education, the State Auditor, and the State Budget Director
upon approval of the Certificate of Occupancy.
5.4 Local school districts shall submit to the
Department of Education a copy of the electronic autocad
files. Electronic autocad files shall be submitted no later
than 30 calendar days after the completion of any major
renovation or addition to an existing facility. any major
renovation, addition to an existing facility, new school or
replacement school.
6.0 Purchase Orders: All purchase orders for any [major
capital improvement project Major Capitol
Improvement Project] shall be approved by both the
Department of Education and the Director of Capital Budget
and Special Projects prior to submission to the Division of
Accounting.
7.0 Change Orders
7.1 Change Orders are changes in the construction
contract negotiated with the contractor. The main purpose is
to correct design omissions, faults of unforeseen
circumstances which arise during the construction process.
7.2 All Change Orders must be agreed upon by the
architect, the school district and the contractor and shall be
forwarded to the Department of Education along with the
purchase order.
7.2.1 Submission of a Change Order must
include the following documents: Completed purchase order
as applicable; Local Board of Education minutes identifying
and approving the changes; Completed AIA document
G701; Correspondence which gives a breakdown in
materials, mark-up and other expenses. ; and, if not
contained in any of the preceding, an explanation of need
plus any drawings needed to explain the requested change.
Completed purchase order as applicable; local board of
education minutes identifying and approving the changes;
completed AIA document G701, and correspondence which
gives a breakdown in materials mark-up and other expenses.
8.0 Transfer of Funds between Projects Percentage of Funds
Transferrable Between Projects within a Certificate of
Necessity
8.1 The transfer of funds between projects during the
bidding and construction process shall have the written
approval of the Department of Education. Acceptability of
the transfer of funds will meet the following criteria:
8.1.1 No project may have more than 10% of its
funding moved to another project. For example, no more
than $10,000 could be transferred from a $100,000 project to
any other project.
8.1.2 No project may have more than 10%
added to its initial funding. For example, no more than
$10,000 would be transferred from all other projects to a
project originally budgeted at $100,000.
9.0 Educational Technology: All school buildings being
constructed or renovated under the Major Capital
Improvement Program shall include, in the project, wiring
for technology that meets the Delaware Center for
Educational Technology (DCET) state standards appropriate
to the building type, such as high school, administration, etc.
The cost of such wiring shall be borne by project funds.
10.0 Air Conditioning: All school buildings with
Certificates of Necessity issued after July 1, 2000 for new
school construction and/or major renovation/rehabilitation
shall require the inclusion of air conditioning unless
otherwise waived by the Secretary of Education.
11.0 Administration of the New School: The principal;
or administrator of a new school may be hired for up to one
(1) year prior to student occupancy to organize and hire staff.
The State portion of salary/benefits may be paid from Major
Capital Improvement Programs.
12.0 Voluntary School Assessment
12.1 The funds generated as a result of the
Voluntary School Assessment, as authorized by the
provisions of 14 Del.C §103(c) relating to land use planning
and education, shall be applied exclusively to offsetting the
required local share of major capital construction costs.
12.1.1 Districts receiving Voluntary School
Assessment funds shall have full discretion in the use of
those funds for any construction activities that increase
school capacity.
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1672 FINAL REGULATIONS
Regulatory Implementing Order
405 Minor Capital Improvement Programs
I. Summary of the Evidence and Information Submitted
The Secretary intends to amend regulation 405 Minor
Capital Improvement Programs in order to update
procedures and clarify issues related to the programmed
maintenance and repair of the school plant. In addition, the
reference to vocational equipment has been changed to
Career-Technical Program equipment to reflect the name
change in regulation 535 Requirements for Career Technical
Education Programs.
Notice of the proposed regulation was published in the
News Journal and the Delaware State News on March
26,2002, in the form hereto attached as Exhibit A. No
comments were received.
II. Findings of Facts
The Secretary finds that it is appropriate to amend this
regulation in order to update the procedures and clarify
issues related to the programmed maintenance and repair of
the school plant.
III. Decision to Amend the Regulation
For the foregoing reasons, the Secretary concludes that
it is appropriate to amend the regulation. Therefore,
pursuant to 14 Del. C. §122, the regulation attached hereto as
Exhibit "B" is hereby amended. Pursuant to the provision of
14 Del. C. §122(e), the regulation hereby amended shall be
in effect for a period of five years from the effective date of
this order as set forth in SectionV. below.
IV. Text and Citation
The text of the regulation amended hereby shall be in
the form attached hereto as Exhibit "B", and said regulation
shall be cited as 14 DE Admin. Code § 405 in the
Regulations of the Department of Education.
V. Effective Date of Order
The actions hereinabove referred to were taken by the
Secretary pursuant to 14 Del. C. §122 on May 9, 2003. The
effective date of this Order shall be ten (10) days from the
date this Order is published in the Delaware Register of
Regulations.
IT IS SO ORDERED the 9th day of May 2003.
DEPARTMENT OF EDUCATION
Valerie A. Woodruff, Secretary of Education
405 Minor Capital Improvement Programs
1.0 The Minor Capital Improvement Program is a program
to provide for the planned and programmed maintenance and
repair of the school plant. The program's primary purpose is
to keep real property assets in their original condition of
completeness and efficiency on a scheduled basis. It is not
for increasing the plant inventory, or changing its
composition. or more frequent maintenance activities.
Minor [capital improvement projects Capitol
Improvement Projects] are projects that cost less than
$250,000 $500,000 unless the project is for roof repair. The
three year program is submitted reviewed annually and
should be comprised of work necessary for good
maintenance practice.
1.1 Minor [capital improvement Capitol
Improvement] projects [Project] purchase orders shall be
submitted to the State Division of Accounting prior to any
work being done. A separate purchase order must be
submitted for each project. (One copy of the approved
purchase order will be returned to the district for their
information and record.)
1.2 The local school district shall send a copy of the
purchase order to the Department of Education.
1.3 Use of Funds: The following areas are authorized
for Minor Capital Improvement Project Program funds:
roofs, heating systems, ventilation & air conditioning
systems, plumbing & water systems, electrical systems,
windows, (sashes, frames), doors, floors, ceilings, masonry,
structural built-in equipment, painting (fire suppression, and
life safety) painting, fire suppression systems, life safety
systems, maintenance of site, typewriters and office
machines office equipment used for instructional purposes
only, and renovations/alterations/ modernizations that does
do not require major structural changes.
1.4 Use of Funds Exclusions: Funds allocated for a
specific project shall be used only for that project. Funds
may not be used for routine janitorial supplies, upkeep of
grounds nor any movable equipment. Recurring items such
as broken glass and torn window screens, may not be
repaired or replaced with these funds the following: movable
equipment other than office equipment used for instructional
purposes that is transported from one location to another,
routine janitorial supplies, new construction that increases
the area of a building or extends any of its component
systems, site improvements that add to or extend the existing
roadways or side walks, surfacing a non-surfaced area for
parking, completing major construction projects or specific
items omitted/deleted from major construction projects or
floor space allocated according to formula and used
otherwise.
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FINAL REGULATIONS 1673
1.5 Invoices: Invoices may be sent directly to the
Division of Accounting for processing after work has been
completed and accepted, except for invoices with an
adjustment which must be approved by the Department of
Education before transmittal to the Division of Accounting.
2.0 Vocational Career-Technical Program Equipment
Replacement Requests
2.1 Requests for the replacement of vocationl Career-
Technical Program equipment may be made under the Minor
Capital Improvement Program. Requests shall be made
when the equipment is within three years of its estimated life
so districts can accumulate the necessary dollars to purchase
the item. Districts desiring to participate in the Career
Technical Program equipment replacement program shall
submit a request in writing to the Office of School Plant
Planning at the time of the Minor Capital Improvement
Program submission. Districts should not include Career-
Vocational Program replacements with regular [major
capital improvement projects Major Capitol
Improvement Projects].
2.2 Equipment shall be defined as a movable or fixed
unit, not built-in, that:
2.2.1 retains its original shape and appearance
with use.
2.2.2 is non-expendable, i.e., is not consumed in
use.
2.2.3 represents an investment in money which
makes it feasible and advisable to capitalize.
2.2.4 does not lose its identity through
incorporation into a different or more complex unit.
2.2 Career-Vocational Program Equipment is defined
as either a movable or fixed unit but not a built-in unit. In
addition, the equipment shall retain its original shape and
appearance with use, be non-expendable, represent an
investment which makes it feasible and advisable to
capitalize and not lose its identity through incorporation into
a different or more complex unit.
2.3 The equipment shall meet the following criteria to
be replaced:
2.3.1 Item is non-expendable.
2.3.2 Item has a minimum 10-year life
expectancy.
2.3.3 Item has a unit cost of $500 or more.
2.3.4 Item is worn-out or not repairable.
2.3.5 Item is obsolete and five or more years
old.
2.3.6 Item was originally purchased with State,
State and local, or local funds only.
2.2.1 In order to replace Career-Vocational
Program equipment, the equipment must have a minimum
10 year life expectancy, have a unit cost of $500 or more, be
obsolete or more then five (5) years old, and be purchased
with state, state and local or local funds.
2.3 Funds: Funds shall be allocated based on the
percentage of a district's Vocational Division II Units to the
total of such units of all participating districts. This
percentage is applied to the total funds available in a given
year for capital equipment. Vocational Career-Technical
Schools are 100% State funded.
3.0 Purchase Orders: Funds may be expended anytime
during the life of the Act which appropriated the funds,
usually, a three-year period. Appropriations may be
accumulated over those three years and expended for a major
replacement when a sufficient balance is attained. However,
should funds prove insufficient after three years of
appropriations, the district must supplement the program
from their own or other resources. Funds unexpended when
the appropriating Act expires will shall revert to the State.
Purchase orders shall include the reference ID system, sub
system, component and deficiency code from the correction
on the facility assessment website database.
4.0 Cost Limitations: The maximum cost of a Minor
Capital Improvement [project Project] is $250,000
$500,000 except roof repairs/replacements which are not
cost limited. Non-roof projects exceeding the ceiling shall
be requested in the Major Capital Improvement Program.
5.0 Temporary Employees: Workers may be hired under
the Minor Capital Improvement Program provided they are
temporary hires and directly involved in the planning,
constructing, or record maintenance of the construction
project.
6.0 Reporting: At the end of each fiscal year, school
districts shall submit a list of completed projects
accomplished under the Minor Capital Improvement
Program.
Regulatory Implementing Order
831 Extended Illness
I. Summary of the Evidence and Information Submitted
The Secretary of Education intends to repeal regulation
831 Extended Illness because the regulation is not necessary
to clarify pregnancy as a temporary illness for the sake of
school attendance. The issue is addressed in regulation 930
Supportive Instruction (Homebound).
Notice of the proposed regulation was published in the
News Journal and the Delaware State News on March 26,
2003, in the form hereto attached as Exhibit A. Comments
were received from the Delaware Developmental
Disabilities Council, the Governor's Advisory Council for
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1674 FINAL REGULATIONS
Exceptional Citizens and the State Council for Persons with
Disabilities The comments are addressed below in Section II
Findings of Facts.
II. Findings of Facts
The Secretary finds that it is appropriate to repeal this
regulation because it is not necessary to clarify pregnancy as
a temporary illness for the sake of school attendance. The
issue is addressed in regulation 930 Supportive Instruction
(Homebound).
The Supportive Instruction regulation extends to both
flair-ups of chronic conditions and sudden illnesses. Post
partum complications that extend beyond six weeks would
either meet one of these definitions or rise to the level
entitling the student to the protections of the IDEA or the
Rehabilitation Act. In addition, while the definition of
"supportive instruction" in Section 1.0 of the regulation does
not expressly mention certain complicated pregnancies,
Section 2.3 clarifies that pregnancies complicated by
abnormal conditions meet the definition.
Finally, the Title IX regulation Section of 106.40 (b) (4)
prohibits discrimination on the basis of pregnancy and
childbirth in the provision of hospital benefits, services and
plans and policies. The Office of Civil Rights has generally
analyzed homebound policies under Section 105.40 (b) (1)
(prohibiting pregnancy related discrimination in educational
programs) and has found no Title IX violation in a program
providing students six weeks of post partum supportive
instruction where longer periods of homebound instruction
were also available to post partum students on the same
terms as provided other students. See Jefferson City (MO)
Sch. Dist., IDELR 437 (August 28, 1992).
III. Decision to Repeal the Regulation
For the foregoing reasons, the Secretary concludes that
it is appropriate to repeal the regulation. Therefore, pursuant
to 14 Del. C. §122, the regulation attached hereto as Exhibit
"B" is hereby repealed.
IV. Text and Citation
The text of the regulation repealed hereby and shall be
removed from the Regulations of the Department of
Education.
V. Effective Date of Order
The actions hereinabove referred to were taken by the
Secretary pursuant to 14 Del. C. §122 on May 13, 2003. The
effective date of this Order shall be ten (10) days from the
date this Order is published in the Delaware Register of
Regulations.
IT IS SO ORDERED the 13thday of May 2003.
DEPARTMENT OF EDUCATION
Valerie A. Woodruff, Secretary of Education
831 Extended Illness
1.0 Absences due to illness and temporary disability
associated with pregnancy shall be treated as any other
absence due to illness or temporary disability and shall be
subject to the provisions of 14 DelC. §2706.
See 1 DE Reg. 1976 (6/1/98)
Regulatory Implementing Order
1051 DIAA Senior High School Interscholastic Athletics
1052 DIAA Junior High/Middle School Interscholastic
Athletics
I. Summary of the Evidence and Information Submitted
The Secretary of Education seeks the consent of the
State Board of Education to amend regulation 1051 DIAA
Senior High School Interscholastic Athletics and regulation
1052 DIAA Junior High/Middle School Interscholastic
Athletics. The amendments are found in sections 12.0, 14.0,
23.0, 29.0, 30.0 and 31.0 of regulation 1051 and sections
12.0, 14.0, 22.0, 28.0, 29.0 and 30.0 of regulation 1052. The
changes to the Senior High School and Junior High/Middle
School regulations are the same in most cases but the
numbering system is not always the same.
The changes include removal of the word "rugby" from
the Spring Football section 12.0, a change in the scoring
procedure when an ineligible athlete is used in a game in Use
of Ineligible Athlete section 14.0 and a change in the
coaching out of season requirements in Sports Seasons and
Practices sections 23.0 and 31.0 in 1051 and sections 22.0
and 30.0 in 1052. This change allows for coaching out of
season with some constraints.
Changes also include new language on wrestling weight
management in Wrestling Weight Control Code section 29.0
in 1051 and section 28.0 in1052, and changes clarifying the
over site of athletic officials in Use of Officials section 30.1
in 1051 and section 29.1 in 1052. This change clarifies that
the officiating of interscholastic contests in the state of
Delaware which involve one or more member schools under
the control of DIAA may include the giving of examinations,
evaluation of officials, setting game fees, determining the
number of officials per game and assigning officials.
Notice of the proposed regulation was published in the
News Journal and the Delaware State News on March 26, in
the form hereto attached as Exhibit A.
Comments were received from Mr. Howard Smack,
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1675
President of the International Association of Approved
Basketball Officials Board (IAABO) # 129, and from Mr.
Joe Drejka, President of the Northern Delaware Football
Officials Association (NDFOA) suggesting a change in the
language of section 30.1 in regulation 1051 and 29.1 in
regulation 1052 concerning DIAA's regulatory control over
the evaluation of officials and the assignment of games. The
DIAA Board of Directors discussed the proposed change at
their May 8, 2003, meeting and decided that it is important
for the DIAA Board to maintain its control over all aspects
of the officiating of interscholastic contests to assure its
statutory responsibility for providing fair competition
between member schools. The DIAA Board voted
unanimously to retain the language as originally proposed in
the regulation and the Secretary of Education concurs with
the decision of the DIAA Board. Therefore, no change is
recommended in response to the comments received.
II. Findings of Facts
The Secretary finds that it is appropriate to amend this
regulation in order to clarify and improve the rules that
govern interscholastic athletics by removing the word
"rugby" from the definition of organized football, changing
the scoring procedure when an ineligible athlete is used in a
game, permitting coaching out of season with some
constraints, improving the weight management program in
wrestling and giving DIAA over site of the officiating of
interscholastic athletics.
III. Decision to Amend the Regulation
For the foregoing reasons, the Secretary concludes that
it is appropriate to amend the regulation. Therefore,
pursuant to 14 Del. C. §122, the regulation attached hereto as
Exhibit "B" is hereby amended. Pursuant to the provision of
14 Del. C. §122(e), the regulation hereby amended shall be
in effect for a period of five years from the effective date of
this order as set forth in SectionV. below.
IV. Text and Citation
The text of the regulation amended hereby shall be in
the form attached hereto as Exhibit "B", and said regulation
shall be cited as 14 DE Admin. Code § 1051 and § 1052 in
the Regulations of the Department of Education.
V. Effective Date of Order
The actions hereinabove referred to were taken by the
Secretary pursuant to 14 Del. C. §122 on May 15, 2003. The
effective date of this Order shall be ten (10) days from the
date this Order is published in the Delaware Register of
Regulations.
IT IS SO ORDERED the 15th day of May 2003.
DEPARTMENT OF EDUCATION
Valerie A. Woodruff, Secretary of Education
Approved this 15th day of May, 2003
STATE BOARD OF EDUCATION
Dr. Joseph A. Pika, President
Jean W. Allen, Vice President
Mary B. Graham, Esquire
Valarie Pepper
Dennis J. Savage
Dr. Claibourne D. Smith
1051 DIAA Senior High School Interscholastic Athletics
1052 DIAA Junior High/Middle School Interscholastic
Athletics
PLEASE NOTE: DUE TO SPACE CONSTRAINTS ONLY THE
AFFECTED PORTIONS OF REGULATIONS 1051 AND 1052
ARE BEING PUBLISHED. THE FULL TEXT OF THE
REGULATION IS AVAILABLE FROM EITHER THE
REGISTRAR OR THE DEPARTMENT OF EDUCATION.
1051 DIAA Senior High School Interscholastic Athletics
12.0 Spring Football
12.1 No member school shall participate in spring
football games nor shall a member school conduct football
practice of any type outside of the regular fall sports season
except when participating in the state tournament.
12.2 "Organized football" or "organized football
practice" shall be defined as any type of sport which is
organized to promote efficiency in any of the various aspects
of football. Rugby and touch football Touch football,
featuring blocking, tackling, ball handling, signaling, etc.
shall be considered "organized football" and shall be illegal
under the intent of this rule.
14.0 Use of Ineligible Athlete
14.1 The deliberate or inadvertent use of an
ineligible athlete in the sports of soccer, football, volleyball,
field hockey, basketball, baseball, softball, and lacrosse shall
require the offending school to forfeit the contest(s) in which
the ineligible athlete participated.
14.1.1 If the infraction occurs during a
tournament, including a state championship, the offending
school shall be replaced by its most recently defeated
opponent. Teams eliminated prior to the most recently
defeated opponent shall not be allowed to reenter the
tournament.
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1676 FINAL REGULATIONS
14.1.2 Team and/or individual awards shall be
returned to the event sponsor.
14.1.3 Team and/or individual records and
performances shall be nullified.
14.1.4 The offending school may appeal to the
DIAA Board of Directors for a waiver of the forfeiture
penalty if the ineligible athlete had no tangible effect on the
outcome of the contest(s). If the forfeiture penalty is waived,
the offending school shall be reprimanded and fined $200.00
unless the athlete or his/her parent(s) or court appointed legal
guardian(s) knowingly withheld information or provided
false information that caused him/her to be eligible for
interscholastic competition. The burden of proof, in both
instances, rests entirely with the offending school.
14.1.5 A forfeit shall constitute a loss for the
offending school and a win for its opponent for purposes of
standings and playoff eligibility.
14.1.6 A forfeit shall be automatic and not
subject to refusal by the offending school's opponent.
14.2 The deliberate or inadvertent use of an
ineligible athlete in the sports of cross country, wrestling,
swimming, track, golf, and tennis shall require the offending
school to forfeit the matches won and/or points earned by the
ineligible athlete or by a relay team of which he/she was a
member. The points contributed by an ineligible athlete to
his/her team score shall be deleted. and the contest score as
well as any affected placements will be adjusted according to
the rules of that sport.
14.2.1 If the infraction occurs during a
tournament, including a state championship, the ineligible
athlete shall be replaced by his/her most recently defeated
opponent or the next highest finisher. Contestants
eliminated prior to the most recently defeated opponent shall
not be allowed to reenter the tournament.
14.2.2 Individual awards earned by the ineligible
athlete and team awards, if necessary because of adjustments
in the standings, shall be returned to the event sponsor.
14.2.3 Individual records and performances by the
ineligible athlete shall be nullified.
14.3 If an ineligible athlete participates in
interscholastic competition contrary to DIAA rules but in
accordance with a temporary restraining order or injunction
against his/her school and/or DIAA, and the injunction is
subsequently vacated, stayed, or reversed, or the courts
determine that injunctive relief is not or was not justified, or
the injunction expires without further judicial determination,
the penalties stipulated in 14.1 and 14.2 shall be imposed.
14.4 The intentional use of an ineligible athlete by a
member school or repeated indifference to its responsibility
to determine the eligibility of its athletes will subject the
school to additional penalties which may include suspension
for up to 180 school days from the date the charge is
substantiated.
14.5 If a coach knowingly withholds information or
provides false information that causes an athlete to be
eligible for interscholastic competition, the coach shall be
suspended from coaching in any sport at any DIAA member
school for up to 180 school days from the date the charge is
substantiated.
14.6 If an athlete or his/her parent(s) or court
appointed legal guardian(s) knowingly withholds
information or provides false information that causes him/
her to be eligible for interscholastic competition, the athlete
shall be suspended from participation in any sport at any
DIAA member school for up to 180 school days from the
date the charge is substantiated.
See 3 DE Reg. 438 (9/1/99)
23.0 Sports Seasons and Practices
23.1 The regular fall sports season shall begin with
the first approved day for practice and end with the start of
the state championship in that sport. Any regular season
contest that was postponed must be rescheduled and played
before the beginning of the state tournament in that sport.
Conference championships must also be completed before
the start of the state tournament in that sport.
23.2 The regular winter sports season shall begin
with the first approved day for practice and end with the start
of the state championship in that sport. Any regular season
contest that was postponed must be rescheduled and played
before the beginning of the state tournament in that sport.
Conference championships must also be completed before
the start of the state tournament in that sport.
23.3 The regular spring sports season shall begin on
March 1 and end with the start of the state championship in
that sport. Any regular season contest that was postponed
must be rescheduled and played before the beginning of the
state tournament in that sport. Conference championships
must also be completed before the start of the state
tournament in that sport.
23.4 Practice for any fall sport shall not begin earlier
than 21 days before the first Friday after Labor Day.
Practice for any winter sport shall not begin earlier than 21
days before the first Friday in December and practice for any
spring sport shall not begin earlier than March 1.
23.4.1 The first three (3) days of football practice
shall be primarily for the purpose of physical conditioning
and shall be restricted to non-contact activities. Coaches
may introduce offensive formations and defensive
alignments, run plays "on air," practice non-contact phases
of the kicking game, and teach non-contact positional skills.
Protective equipment shall be restricted to helmets,
mouthguards, and shoes. The use of dummies, hand shields,
and sleds in contact drills is prohibited, Blocking, tackling,
and block protection drills which involve any contact
between players are also prohibited.
23.5 A school which participates in a game prior to
the first allowable date or after the start of the state
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1677
championship shall be required to forfeit the contest and be
assessed a $100.00 fine.
23.6 A school which conducts practice prior to the
first allowable date shall be assessed a fine of $100.00 per
illegal practice day.
23.7 From August 2nd through June 14th a A
certified, emergency, or volunteer coach shall not be allowed
to provide instruction out of the designated season in his/her
assigned sport to returning members of the varsity or
subvarsity teams of the school at which he/she coaches. He/
she shall also be prohibited from coaching rising ninth
graders (rising eighth graders if eighth grade is part of the
same administrative unit as grades 9 through 12) who
participated in his/her assigned sport at a feeder school.
23.7.1 A coach shall not be allowed to participate
on a team in his/her assigned sport with the aforementioned
players.
23.7.2 A coach shall also be prohibited from
officiating contests in his/her assigned sport if the
aforementioned players are participating except in organized
league competition.
23.7.2.1 The league shall not be organized and
conducted by the employing school, the employing school's
booster club, or the employing school's coaching staff.
23.7.2.2 The league shall have written rules
and regulations that govern the conduct of contests and
establish the duties of contest officials.
23.7.2.3 The league shall have registration/
entry procedures, forms, and fees; eligibility requirements;
and fixed team rosters, team standings, and a master
schedule of contests.
23.8 A certified, emergency, or volunteer coach
shall not be allowed to provide instruction during the
designated season in his/her assigned sport to current
members of the varsity or subvarsity teams of the school at
which he/she coaches outside of school sponsored practices,
scrimmages, and contests.
23.9 A coach who is determined to be in violation of
23.7 or 23.8 shall be suspended from coaching in the
specified sport at any DIAA member school for up to 180
school days from the date the charge is substantiated.
23.10 From June 15th through August 1st, a certified,
emergency or volunteer coach shall be allowed to provide
instruction in his/her assigned sport to returning members of
the varsity or sub-varsity teams of the school at which he/she
coaches. Instructional contact with the aforementioned
returning school team members shall be subject to the
following conditions:
23.10.1 A coach may provide instruction to an
unlimited number of his/her returning school team members
in formal league/tournament competition or in formal
instructional camps/clinics provided the league/tournament
or instructional camp/clinic is organized and conducted by a
non-school affiliated organization.
23.10.2A coaching staff may provide instruction to
a maximum of two returning school team members in an
informal setting. A coaching staff may have multiple twohour
sessions in any given day. Returning school team
members shall not receive more than 2 hours of sports
instruction per day.
23.10.3 A coach shall not receive any
compensation, from any source, for the instruction of his/her
returning school team members. Reimbursement for out-ofpocket
expenses (e.g. gas, food, lodging) incurred by
returning school team members and coaches to attend
leagues/tournaments or instructional camps/clinics are not
prohibited provided that no local school or state educational
funds are used.
23.10.4 Participation in the formal league/
tournament or instructional camp/clinic, or the informal
instruction under 23.10.2, shall be open, voluntary and
equally available to all returning school team members.
See 3 DE Reg. 439 (9/1/99)
See 6 DE Reg. 284 (9/1/02)
29.0 Wrestling Weight Control Code
29.1 Each year, prior to January 15, beginning
November 1st and prior to January 15th a wrestler must
establish his/her minimum weight class at a weigh-in
witnessed by and attested to in writing by the athletic
director or a designated staff member (excluding coaches) of
the school the wrestler attends. Thereafter, a wrestler may
not compete in a weight class below his/her duly established
weight class. In addition, a wrestler may not compete in the
individual state championship or a qualifying tournament in
his/her duly established weight class unless the wrestler
makes weight in at least fifty (50) percent of his/her
conference and non-conference weigh-ins during the regular
season. The official weigh-in for a regularly scheduled dual
meet or tournament would establish certification. In
addition, each year beginning November 1 and prior to
January 15, each wrestler is required to determine his/her
lowest allowable competitive weight according to the DIAA
Weight Monitoring Program [(see appendix)]. A wrestler
may re-certify at a lower weight class during November 1
and prior to January 15 if his individual weight loss plan
allows for it. However, once certified at a weight a wrestler
may not weigh-in more than one weight class above the
weight of certification without automatically re-certifying at
a higher weight. Once re-certified to a higher weight class
the wrestler can no longer re-certify lower. After January 14
no wrestler is allowed to re-certify at a lower weight. In
addition, a wrestler may not compete in the individual state
championship or a qualifying tournament in his/her duly
established weight class unless the wrestler makes weight in
at least fifty (50 percent) of his/her conference and non
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1678 FINAL REGULATIONS
conference dual meet and tournament weigh-ins during the
regular season.
29.1.1 A wrestler who weighs in at least once
but fails to establish his/her minimum weight class prior to
January 15 shall automatically be certified at the weight he/
she last weighed in before that date.
29.1.2 A wrestler who does not weigh in at least
once and fails to establish his/her minimum weight class
prior to January 15 shall automatically be certified at the
weight he/she first weighs in after that date.
29.1.3 A wrestler who is unable, prior to January
15, to get down to the maximum allowable weight of 275
pounds in order to compete in the heavyweight class shall be
permitted to certify his/her minimum weight class at a later
date in the season and thereafter be eligible to participate.
29.2 By January 15, a certified team roster listing
the established minimum weight class of each wrestler shall
be sent to the secretary of the conference to which the school
belongs or to the secretary of the independent tournament.
Further, duly attested notices of additions to the certified
roster shall be sent to the conference secretary without delay.
29.2.1 The conference secretary shall in turn send to
each school in his/her conference copies of the certified
rosters of each school. Further, he/she shall note and send
copies of the notices of additions to the rosters as these
additions occur.
See 4 DE Reg. 1951 (6/1/01)
30.0 Use of Officials and Officiating
30.1 Member schools and tournament sponsors shall
be required to use officials approved by DIAA for
interscholastic contests.
30.1 The officiating of interscholastic contests in the
state of Delaware which involve one (1) or more member
schools shall be under the control of the DIAA and such
control may include, but not be restricted to, giving
examinations, evaluating officials, setting game fees,
determining the number of officials per game, and assigning
officials.
30.2 Member schools and tournament sponsors shall
be required to use officials approved by DIAA for
interscholastic contests.
30.1.1 30.2.1 In the case of emergencies such as an
act of God, refusal by an association to work games, or a
shortage of qualified officials, schools which desire to use
other than approved officials must obtain permission from
the Executive Director.
30.2 30.3 Officials shall be required each year to attend
the DIAA rules interpretation clinic and pass the rules
examination provided by the DIAA office for the sport(s)
they officiate.
30.2.1 30.3.1 Failure on the part of an official to
attend the DIAA rules interpretation clinic and pass the rules
examination in the same season shall cause the official to be
placed on probation and to lose his/her eligibility to officiate
a state tournament contest during that season.
30.2.2 30.3.2 Failure to satisfy both requirements in
the same season for two (2) consecutive years shall cause the
official to lose varsity officiating status during the second
season. Failure to fulfill this obligation in subsequent years
shall cause the official to continue to be restricted to
subvarsity contests until both requirements have been
satisfied in the same season.
30.2.3 30.3.3 Attending the fall soccer rules
interpretation clinic shall satisfy the clinic attendance
requirement for both the boys' and girls' soccer seasons.
Attending the spring soccer rules interpretation clinic shall
satisfy the clinic attendance requirement for only the girls'
soccer season.
30.2.4 30.3.4 If, for a legitimate reason which is
documented by the president of his/her association, an
official is unable to attend the DIAA rules interpretation
clinic, he/she may view a videotape of the DIAA clinic or, in
the absence of a videotape, attend a clinic conducted by
another NFHS member state association provided the
following procedures are observed:
30.2.4.1 30.3.4.1 No later than the day of the
DIAA rules interpretation clinic, the president of the
association notifies the Executive Director, in writing, of the
official's inability to attend the clinic.
30.2.4.2 30.3.4.2 The out-of-state clinic is
conducted by an individual either trained by the NFHS or
designated as a clinician by the state's athletic association.
30.2.4.3 30.3.4.3 The official arranges for a letter
to be sent to the Executive Director from the state's athletic
association office verifying his/her attendance at the clinic.
30.3 30.4 Use of non-approved officials without
permission from the Executive Director shall result in the
school or tournament sponsor being assessed a $50.00 fine
per game per non-approved official.
See 4 DE Reg. 1951 (6/1/01)
See 6 DE Reg. 284 (9/1/02)
31.0 Out of Season Athletic Camp and Clinic Sponsorship
31.1 DIAA does not restrict a student's decision to
attend an out of season athletic camp/clinic. However,
schools, school organizations, coaches, or school related
groups, such as booster clubs, may not sponsor an athletic
camp/clinic which limits membership to their own district,
locale, or teams. Coaches employed by an out of season
athletic camp may not only instruct their returning athletesas
per 23.7 in accordance with 23.10.
31.2 School related groups, such as booster clubs,
which desire to sponsor the attendance of their school's
enrolled students at an out of season athletic camp/clinic,
may do so with the approval of the local school board or
governing body. The disbursement of funds to pay for
camp/clinic related expenses (fees, travel costs, etc.) shall be
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1679
administered by the principal or his/her designee and the
funds shall be allocated according to the following
guidelines:
31.2.1 All students and team members shall be
notified of the available sponsorship by announcement,
publication, etc.
31.2.2 All applicants shall share equally in the
funds provided.
31.2.3 All applicants shall be academically eligible
to participate in interscholastic athletics.
31.2.4 All applicants shall have one year of prior
participation in the sport for which the camp/clinic is
intended or, absent any prior participation, he/she shall be
judged by the coach to benefit substantially from
participation in the camp/clinic.
See 4 DE Reg. 1951 (6/1/01)
See 6 DE Reg. 284 (9/1/02)
1052 DIAA Junior High/Middle School Interscholastic
Athletics
12.0 Spring Football
12.1 No member school shall participate in spring
football games nor shall a member school conduct football
practice of any type outside of the regular fall sports season.
12.2 Organized football" or "organized football
practice" shall be defined as any type of sport which is
organized to promote efficiency in any of the various aspects
of football. Rugby and touch football Touch football
featuring blocking, tackling, ball handling, signaling, etc.
shall be considered "organized football" and shall be illegal
under the intent of this rule.
14.0 Use of Ineligible Athlete
14.1 The deliberate or inadvertent use of an
ineligible athlete in the sports of soccer, football, volleyball,
field hockey, basketball, baseball, softball, and lacrosse shall
require the offending school to forfeit the contest(s) in which
the ineligible athlete participated.
14.1.1 If the infraction occurs during a tournament,
the offending school shall be replaced by its most recently
defeated opponent. Teams eliminated prior to the most
recently defeated opponent shall not be allowed to reenter
the tournament.
14.1.2 Team and/or individual awards shall be
returned to the event sponsor.
14.1.3 Team and/or individual records and
performances shall be nullified.
14.1.4 The offending school may appeal to the
DIAA Board of Directors for a waiver of the forfeiture
penalty if the ineligible athlete had no tangible affect on the
outcome of the contest(s). If the forfeiture penalty is waived,
the offending school shall be reprimanded and fined $200.00
unless the athlete or his/her parent(s) or court appointed legal
guardian(s) knowingly withheld information or provided
false information that caused him/her to be eligible for
interscholastic competition. The burden of proof, in both
cases, rests entirely with the offending school.
14.1.5 A forfeit shall constitute a loss for the
offending school and a win for its opponent for purposes of
standings.
14.1.6 A forfeit shall be automatic and not subject
to refusal by the offending school's opponent.
14.2 The deliberate or inadvertent use of an
ineligible athlete in the sports of cross country, wrestling,
swimming, track, golf, and tennis shall require the offending
school to forfeit the matches won and/or points earned by the
ineligible athlete or by a relay team of which he/she was a
member. The points contributed by an ineligible athlete to
his/her team score shall be deleted. and the contest score as
well as any affected placements will be adjusted according
to the rules of that sport.
14.2.1 If the infraction occurs during a tournament,
the ineligible athlete shall be replaced by his/her most
recently defeated opponent or next highest finisher.
Contestants eliminated prior to the most recently defeated
opponent shall not be allowed to reenter the tournament.
14.2.2 Individual awards earned by the ineligible
athlete and team awards, if necessary because of adjustments
in the standings, shall be returned to the event sponsor.
14.2.3 Individual records and performances by the
ineligible athlete shall be nullified.
14.3 If an ineligible athlete participates in
interscholastic competition contrary to DIAA rules but in
accordance with a temporary restraining order or injunction
against his/her school and/or DIAA, and the injunction is
subsequently vacated, stayed, or reversed, or the courts
determine that injunctive relief is not or was not justified, or
the injunction expires without further judicial determination,
the penalties stipulated in 14.1 and 14.2 above shall be
imposed.
14.4 The intentional use of an ineligible athlete by a
member school or repeated indifference to its responsibility
to determine the eligibility of its athletes will subject the
school to additional penalties which may include suspension
for up to 180 school days from the date the charge is
substantiated.
14.5 If a coach knowingly withholds information or
provides false information that causes an athlete to be
eligible for interscholastic competition, the coach shall be
suspended from coaching in any sport at any DIAA member
school for up to 180 school days from the date the charge is
substantiated.
14.6 If an athlete or his/her parent(s) or court
appointed legal guardian(s) knowingly withholds
information or provides false information that causes him/
her to be eligible for interscholastic competition, the athlete
shall be suspended from participation in any sport at any
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1680 FINAL REGULATIONS
DIAA member school for up to 180 school days from the
date the charge is substantiated.
See 6 DE Reg. 284 (9/1/02)
22.0 Sports Seasons and Practices
22.1 The fall sports season shall begin on August 25
and end not later than December 1.
22.2 The winter sports season shall begin 21 days
before the first Friday in December and end not later than
March 1.
22.3 The spring sports season shall begin on March
1 and end not later than the last school day.
22.4 Practice for any fall sport shall not begin earlier
than August 25. Practice for any winter sport shall not begin
earlier than 21 days before the first Friday in December and
practice for any spring sport shall not begin earlier than
March 1.
22.4.1 The first three (3) days of football practice
shall be primarily for the purpose of physical conditioning
and shall be restricted to non-contact activities. Coaches
may introduce offensive formations and defensive
alignments, run plays Aon air,@ practice non-contact phases of
the kicking game, and teach non-contact positional skills.
Protective equipment shall be restricted to helmets,
mouthguards, and shoes. The use of dummies, hand shields,
and sleds in contact drills is prohibited. Blocking, tackling,
and block protection drills which involve any contact
between players are also prohibited.
22.5 A school which participates in a game prior to
the first allowable date shall be required to forfeit the contest
and be assessed a $100.00 fine.
22.6 A school which conducts practice prior to the
first allowable date shall be assessed a fine of $100.00 per
illegal practice day.
22.7 From August 2nd through June 14th, a A
certified, emergency, or volunteer coach shall not be allowed
to provide instruction out of the designated season in his/her
assigned sport to returning members of the teams of the
school at which he/she coaches.
22.7.1 A coach shall not be allowed to participate
on a team in his/her assigned sport with the aforementioned
players.
22.7.2 A coach shall also be prohibited from
officiating contests in his/her assigned sport if the
aforementioned players are participating except in organized
league competition.
22.7.2.1 The league shall not be organized and
conducted by the employing school, the employing school's
booster club, or the employing school's coaching staff.
22.7.2.2 The league shall have written rules
and regulations that govern the conduct of contests and
establish the duties of contest officials.
22.7.2.3 The league shall have registration/
entry procedures, forms, and fees; eligibility requirements;
and fixed team rosters, team standings, and a master
schedule of contests.
22.8 A certified, emergency, or volunteer coach
shall not be allowed to provide instruction during the
designated season in his/her assigned sport to current
members of the teams of the school at which he/she coaches
outside of school sponsored practices, scrimmages, and
contests.
22.9 A coach who is determined to be in violation of
22.7 and 22.8 shall be suspended from coaching in the
specified sport at any DIAA member school for up to 180
school days from the date the charge is substantiated.
22.10 From June 15th through August 1st, a certified,
emergency or volunteer coach shall be allowed to provide
instruction in his/her assigned sport to returning members of
the varsity or sub-varsity teams of the school at which he/she
coaches. Instructional contact with the aforementioned
returning school team members shall be subject to the
following conditions:
22.10.1 A coach may provide instruction to an
unlimited number of his/her returning school team members
in formal league/tournament competition or in formal
instructional camps/clinics provided the league/tournament
or instructional camp/clinic is organized and conducted by a
non-school affiliated organization.
22.10.2 A coaching staff may provide instruction
to a maximum of two returning school team members in an
informal setting. A coaching staff may have multiple twohour
sessions on any given day. Returning school team
members shall not receive more than two hours of sports
instruction per day.
22.10.3 A coach shall not receive any
compensation, from any source, for the instruction of his/her
returning school team members. Reimbursement for out-ofpocket
expenses (e.g. gas, food, lodging) incurred by
returning school team members and coaches to attend
leagues/tournaments or instructional camps/clinics are not
prohibited provided that no local school or state educational
funds are used.
22.10.4 Participation in the formal league/
tournament or instructional camp/clinic, or the informal
instruction under 22.10.2, shall be open, voluntary and
equally available to all returning school team members.
See 4 DE Reg. 1951 (6/1/01)
See 6 DE Reg. 284 (9/1/02)
28.0 Wrestling Weight Control Code
28.1 Each year, four (4) weeks from the first day he/
she appears at practice, a wrestler must establish his/ her
minimum weight class at a weigh-in witnessed by and
attested to in writing by the athletic director or a designated
staff member (excluding coaches) of the school the wrestler
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1681
attends. Thereafter, a wrestler may not compete in a weight
class below his duly established weight class. A wrestler
may re-certify at a lower weight during the 4 weeks from the
first day he/she appears at practice. However, once certified
at a weight, a wrestler may not weigh-in more than one class
above the weight of the certification without automatically
re-certifying at a higher weight. Once re-certified to a higher
weight class the wrestler can no longer re-certify lower.
After 4 weeks from the first practice day a wrestler may not
compete in a weight class below his duly established weight
class.
28.2 The weight classifications shall be as follows:
76 lbs. 100 lbs. 124 lbs. 148 lbs.
82 lbs. 106 lbs. 130 lbs. 155 lbs.
88 lbs. 112 lbs. 136 lbs. 165 lbs.
94 lbs. 118 lbs. 142 lbs. 250 lbs.
(minimum weight 164 lbs.)
28.3 With the exception of the above weight
classifications, the current edition of the NFHS Wrestling
Rules Book shall apply.
28.4 By the end of four (4) weeks of practice, a
certified team roster listing the established minimum weight
class of each wrestler shall be sent to the Executive Director
of DIAA. Further, duly attested notices of additions to the
certified roster shall be sent to the Executive Director
without delay.
28.5 Schools which desire to conduct their wrestling
program at a time other than the season specified in 23.1
must request permission from the Executive Director.
28.5.1 A team which begins its season in October
shall receive a one-pound growth allowance in November
and an additional pound in December. A team which begins
its season in November shall receive a one-pound growth
allowance in December, an additional pound in January, and
a third pound in February.
See 4 DE Reg. 1951 (6/1/01)
29.0 Use of Officials and Officiating
29.1 Member schools and tournament sponsors shall
be required to use officials approved by DIAA for
interscholastic contests.
29.1 The officiating of interscholastic contests in the
state of Delaware which involve one (1) or more member
schools shall be under the control of the DIAA and such
control may include, but not be restricted to, giving
examinations, evaluating officials, setting game fees,
determining the number of officials per game, and assigning
officials.
29.2 Member schools and tournament sponsors shall
be required to use officials approved by DIAA for
interscholastic contests.
29.1.1 29.2.1 In the case of emergencies such
as an act of God, refusal by an association to work games, or
a shortage of qualified officials, schools which desire to use
other than approved officials must obtain permission from
the Executive Director.
29.2 29.3Officials shall be required each year to attend
the DIAA rules interpretation clinic and pass the rules
examination provided by the DIAA office for the sport(s)
they officiate.
29.2.1 29.3.1 Failure on the part of an official
to attend the DIAA rules interpretation clinic and pass the
rules examination in the same season shall cause the official
to be placed on probation and to lose his/her eligibility to
officiate in a state tournament contest during that season.
29.2.2 29.3.2 Failure to satisfy both
requirements in the same season for two (2) consecutive
years shall cause the official to lose varsity officiating status
during the second season. Failure to fulfill this obligation in
subsequent years shall cause the official to continue to be
restricted to subvarsity contests until both requirements have
been satisfied in the same season.
29.2.3 29.3.3 Attending the fall soccer rules
interpretation clinic shall satisfy the clinic attendance
requirement for both the boys' and girls' soccer seasons.
Attending the spring soccer rules interpretation clinic shall
satisfy the clinic attendance requirement for only the girls'
soccer season.
29.2.4 29.3.4 If, for a legitimate reason which
is documented by the president of his/her association, an
official is unable to attend the DIAA rules interpretation
clinic, he/she may view a videotape of the DIAA clinic or, in
the absence of a videotape, attend a clinic conducted by
another NFHS member state association provided the
following procedures are observed:
29.2.4.1 29.3.4.1 No later than the day of the
DIAA rules interpretation clinic, the president of the
association notifies the Executive Director, in writing, of the
official's inability to attend the clinic.
29.2.4.2 29.3.4.2 The out-of-state clinic is
conducted by an individual either trained by the NFHS or
designated as a clinician by the state's athletic association.
29.2.4.3 29.3.4.3 The official arranges for a
letter to be sent to the Executive Director from the state's
athletic association office verifying his/her attendance at the
clinic.
29.3 29.4 Use of non-approved officials without
permission from the Executive Director shall result in the
school or tournament sponsor being assessed a $50.00 fine
per game per non-approved official.
See 4 DE Reg. 1951 (6/1/01)
See 6 DE Reg. 284 (9/1/02)
30.0 Out of Season Athletic Camp and Clinic
Sponsorship
30.1 DIAA does not restrict a student's decision to
attend an out of season athletic camp/clinic. However,
schools, school organizations, coaches, or school related
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1682 FINAL REGULATIONS
groups, such as booster clubs, may not sponsor an athletic
camp/clinic which limits membership to their own district,
locale, or teams. Coaches employed by an out of season
athletic camp/clinic may not only instruct their own athletes
as per 22.7 in accordance with 22.10.
30.2 School related groups, such as booster clubs,
which desire to sponsor the attendance of their school's
enrolled students at out of season athletic camp/clinic, may
do so with the approval of the local school board or
governing body. The disbursement of funds to pay for
camp/clinic related expenses (fees, travel costs, etc.) shall be
administered by the principal or his/her designee and the
funds shall be allocated according to the following
guidelines:
30.2.1 All students and team members shall be
notified of the available sponsorship by announcement,
publication, etc.
30.2.2 All applicants shall share equally in the
funds provided.
30.2.3 All applicants shall be academically
eligible to participate in interscholastic athletics.
30.2.4 All applicants shall have one year of prior
participation in the sport for which the camp is intended or,
absent any prior participation, he/she shall be judged by the
coach to benefit substantially from participation in the camp/
clinic.
See 4 DE Reg. 1951 (6/1/01)
See 6 DE Reg. 284 (9/1/02)
DEPARTMENT OF HEALTH AND
SOCIAL SERVICES
DIVISION OF PUBLIC HEALTH
Statutory Authority: 16 Delaware Code,
Section 122(1) & (3)d & j (16 Del.C. §122(1) &
(3)d & j )
Adoption Of The State Of Delaware Regulations
Governing Public Pools
Nature Of The Proceedings:
Delaware Health and Social Services ("DHSS")
initiated proceedings to adopt State of Delaware Regulations
Governing Public Pools. The DHSS proceedings to adopt
regulations were initiated pursuant to 29 Delaware Code
Chapter 101 and authority as prescribed by 16 Delaware
Code, Chapter 100.
On March 1, 2003 (Volume 6, Issue 9), DHSS published
in the Delaware Register of Regulations its notice of
proposed regulations, pursuant to 29 Delaware Code Section
10115. It requested that written materials and suggestions
from the public concerning the proposed regulations be
delivered to DHSS by March 31, 2003, or be presented at a
public hearing on March 28, 2003, after which time DHSS
would review information, factual evidence and public
comment to the said proposed regulations.
Verbal and written comments were received during the
public comment period and evaluated. The results of that
evaluation are summarized in the accompanying "Summary
of Evidence."
Findings Of Fact:
The Department finds that the proposed regulations, as
set forth in the attached copy should be adopted in the best
interest of the general public of the State of Delaware.
The proposed regulations include modifications from
those published in the March 1, 2003, Register of
Regulations, based on comments received during the public
comment period. These modifications are deemed not to be
substantive in nature.
THEREFORE, IT IS ORDERED, that the proposed
State of Delaware Regulations Governing Public Pools are
adopted and shall become effective June 10, 2003, after
publication of the final regulation in the Delaware Register
of Regulations.
Vincent P. Meconi, Secretary, May 15, 2003
Summary Of Evidence
A public hearing was held on March 28, 2003 at 1:30
p.m., in the 3rd Floor Conference Room of the Jesse Cooper
Building, located on Federal and Water Streets, Dover,
Delaware before David P. Walton, Hearing Officer, to
discuss the proposed Department of Health and Social
Services (DHSS) Regulations Governing Public Pools.
Announcements regarding the public hearing were published
in the Delaware State News, The News Journal and the
Delaware Register of Regulations in accordance with
Delaware Law. Mike Joyce from the Health Systems
Protection (HSP) Section of the Division of Public Health
(DPH) made the agency's presentation. Attendees were
allowed and encouraged to discuss and ask questions
regarding all sections of the proposed regulations.
Testimony was given at the public hearing and three letters
were received commenting on the proposed regulations
during the public comment period (March 1, 2003 through
March 31, 2003). Organizations that commented on the
proposed regulations included:
• American Red Cross of the Delmarva Peninsula
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1683
• Governor's Advisory Council for Exceptional
Citizens
• State Council for Persons with Disabilities
All public comments and the DHSS (Agency) responses
are as follows:
• It was strongly recommended that certified
lifeguards be required to oversee the public pool
activities at any time it is in operation and open
to the public, regardless of the depth of the
water. Reasons offered for this position
included:
1) Aquatic injuries can happen any time or any
place for a number of reasons. Because drowning
and serious injuries, such as near drowning and
injuries to the head, neck and back, occur, it is
essential that those that oversee the activities at
aquatic facilities are properly trained.
2) Lifeguards are trained to recognize situations to
prevent injury. They supervise swimmers,
minimize dangers, educate facility users about
safety, enforce rules and regulations, and if
necessary, respond to emergencies and provide
emergency care.
3) The majority of spinal cord injuries occur in
water that is 5 feet deep or less. A trained lifeguard
needs to be available not only to respond if this type
of incident occurs, but more importantly, to prevent
these incidents from occurring.
4) The Consumer Product Safety Commission
states that drowning happens quickly and without
warning, there is not a cry for help. This
emphasizes the need for trained lifeguard-­professional
that is trained to recognize behaviors
and someone who is drowning or who needs help-­to
be present.
Agency Response: In accordance with 16 Del.C.
Section 122(3)(d), lifeguards are not required for any pool of
any motel, hotel or private campground in Delaware. All
other public pools in Delaware greater than four feet in depth
require a lifeguard to be on duty. Additionally, the
Department is requiring any public pool that is four feet or
less in depth have a trained pool attendant on duty. To
address water safety concerns, in addition to CPR and first
aid training, the Department amended the pool attendant
training requirements in Section 26.707 of the Regulations to
include certification in the American Red Cross Basic Water
Rescue course within three years of the effective date of
these regulations.
• The Regulations use outdated language (e.g.
handicap) in multiple sections (e.g. §§26.203,
26.317, and 26.703).
Agency Response: Based on this comment the
Regulation was updated throughout utilizing updated
language.
• Some exclusions from employment and pool use
may be overbroad. Section 26.705 recites as
follows:
2.705 Employee/Bather Health - No person with
evidence of a communicable or contagious
disease shall be employed at a pool. No person
with evidence of a communicable disease, cough,
cold, open sore or bandaged wound shall be
allowed to enter the pool water except where
certified by a physician not to have a disease in
the communicable stage.
Under this regulation, a person with AIDS could
not collect trash at a pool or clean the restroom.
Similarly, anyone with a cough (which could
simply be asthma or allergy related) could be barred
from a pool.
Agency Response: Based on this comment and after
careful review of the Regulation, Section 26.705 was
amended utilizing more specific language.
• The general "handicapped access" section is
ostensibly underinclusive:
26.317 Handicapped Access - Steps, ramps,
handrails, lifts, or other appurtennaces designed to
accommodate handicapped individuals will be
approved within the limits of sound engineering
practice and nationally recognized standards. Lifts
shall be mounted into the pools deck and shall have
a minimum deck width of four (4) feet behind the
lift mount.
This section omits references to other barrier
contexts, including telephones (§26.715);
drinking fountains (§26.313); sanitary and
bathhouse facilities (§26.312); and food and
beverage facilities (§26.314). Under general
principles of regulatory interpretation [inclusio
unius, exclusio alterius], the omission of these
contexts from the "handicapped access" section
implies that accessible design is not required in
them.
Agency Response: Based on this comment and after
careful review of the Regulation, Section 26.317 was
amended utilizing more inclusive language.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1684 FINAL REGULATIONS
• There was concern expressed that pool
attendants defined in the regulations for pools
under four feet deep need some form pool safety
awareness and emergency training. Standing
techniques and recognizing signs of distress are
two types of training that lifeguards receive that
would be beneficial to pool attendants.
Agency Response: Based on this comment and after
consulting with the American Red Cross, training
requirements for pool attendants in Section 26.707 were
amended to require pool attendants to be certified in
American Red Cross Basic Water Rescue within three years
of the effective date of these Regulations.
The public comment period was open from March 1,
2003 to March 31, 2003.
Verifying documents are attached to the Hearing
Officer's record. The Regulations have been approved by
the Delaware Attorney General's office and the Cabinet
Secretary of DHSS.
State Of Delaware
Regulations
Governing Public Pools
ADOPTED May 22, 1958, Amended May 26, 1960,
June 21, 1962, February 15, 1983, April 15, 1990,
April 15, 1993
BY THE DELAWARE STATE BOARD OF HEALTH
and
Amended April 22, 1997 and BY THE SECRETARY
DELAWARE HEALTH AND SOCIAL SERVICES
Under Authority Of 16 Delaware Code Section 122(1) And
(3)(D) And (J).
SECTION 26.1 DEFINITIONS
26.101 "Approved" means acceptable to the Division,
unless stated otherwise, based on its determination as to
conformance with appropriate standards and good public
health practices.
26.102 "Approved Pool Operator" means a person
who is at least eighteen (18) years of age and has
successfully completed a pool operator-training course that
is approved by the Division.
26.103 "Attendant" means a person who meets the
training requirements of the Division specified in Section
26.707.
26.104 "Attendant on Duty" means an attendant who
is either at poolside or in the pool (special situations),
visually guarding the life of the bathers. An attendant on
duty shall not be assigned other duties that will distract his/
her attention from proper observation of the bathers, or
prevent the rendering of immediate assistance to someone in
distress. All attendants on duty should be identified by
emblems or distinguishing apparel. In facilities with a spa
pool(s) (SpP) only it means an attendant who is on the
premises and can be easily located and summoned to render
assistance to someone in distress. If the attendant is not in
direct view of the spa pool when it is open, he/she shall be
located such that the poolside alarm required by Section
26.719 can be easily heard.
26.105 "Beneficial Owner" means an ownership
interest in the entity owning the pool through direct
ownership of the real property where the pool is located,
direct ownership of stock in a stock corporation owning the
real property where the stock represents an equity interest in
the corporation, or direct ownership through being a member
in a limited liability company (L.L.C.) or a partner in a
partnership owning the real property upon which the pool is
placed.
26.106 "Competitive Diving" means either the
training of divers or an actual diving competition among
trained divers, which is sanctioned by the Federation
Internationale de Natation Amateur (FINA), the National
Collegiate Athletic Association (NCAA), the National
Federation of State High School Associations (NFSHSA) or
United States Diving Inc. (USD). The institution which is
sponsoring the diving training or diving competition shall be
responsible for the hiring of a qualified person(s) who is
competent and knowledgeable in the areas of diving
mechanics and safety. This person(s) shall be present at
every practice session and competition in order to ensure
proper training, supervision and safety.
26.107 "Cyanuric Acid" means a chemical added to
pool water intended to counter-act degradation of the
chlorine residual by ultraviolet light.
26.108 "Director" means the Director of the Division
of Public Health or an authorized agent.
26.109 "Diving" means a head first entry into a body
of water.
26.110 "Diving Board Water Entry Area" means a
water surface area of three hundred twenty (320), three
hundred sixty (360) or four hundred (400) square feet (see
Section 26.320) immediately in front of a diving board.
26.110 "Division" means the Division of Public
Health of the Department of Health and Social Services, or
anyone authorized by the Division as its designated
representative, in conformance with Title 29 Delaware Code,
Section 7904.
26.111 "Fence" means a continuous vertical barrier,
either solid, or with openings, holes or gaps not exceeding
four (4) inches in diameter or width, completely enclosing
the pool area which will prevent the entry of small children
and minimize the entry of unauthorized or unwary persons.
Chain link may be used provided that the openings are not
greater than 2 and 3/8 inches measured horizontally.
26.112 "Fixture Set" means one (1) lavatory, two (2)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1685
water closets* and one (1) shower for each sex. *In the male
facilities, up to fifty (50) percent may be substituted with
urinals, and if more than one (1) fixture set is required based
on water surface area, this is reduced to one (1) water closet
(male and female) for the subsequent fixture sets.
26.113 "Flume" means an inclined channel or tube
which may receive a constant supply of flowing water and
which is designed to provide a safe transit path for
conveying sliders to a run-out slide, a splash pool or a
designated area of a swimming pool (SwP) of a water slide
flume.
26.114 "Halogen" means one of the chemical
elements chlorine, bromine, or iodine.
26.115 "Inactive Pool" means a pool, which has been
closed, for twelve (12) or more continuous months.
26.116 "Lifeguard" means a person who meets the
training requirements of the Division specified in Section
26.706.
26.117 "Lifeguard on Duty" means a lifeguard who is
either at poolside or in the pool (special situations), visually
guarding the life of the bathers. A lifeguard on duty shall not
be assigned other duties that will distract his/her attention
from proper observation of the bathers, or prevent the
rendering of immediate assistance to someone in distress.
All lifeguards on duty should be identified by emblems or
distinguishing apparel.
26.118 "Maximum Bathing Load" means the
maximum number of persons allowed in a pool at the same
time
26.118 "NTU" means Nephelometric Turbidity Unit,
which is a means of measuring the water turbidity.
26.119 "ORP" means oxidation-reduction potential,
which is an electrical measurement in millivolts (mV) of the
strength of the disinfectant (oxidizer). A higher ORP means
a higher disinfecting potential. Pools should maintain a
minimum ORP of 650 mV.
26.120 "Person" means any corporation, company,
association, firm, partnership, society, joint stock company
or individual.
26.121 "Person In Charge" means the/an owner of
the pool. This individual shall represent the pool at any
hearing scheduled pursuant to Section 26.12. Every pool
shall, upon request, provide the Division with the name of
the person(s) in charge and how they can be contacted. An
operator, hired by the/an owner, cannot be the person in
charge.
26.122 "Private Pool" means any indoor or outdoor
artificial basin containing a body of water which is used for
swimming, wading, diving, recreative bathing, or other
aquatic purposes and is not open to the general public, or a
limited section of the public, but is intended strictly for the
use of the beneficial owner(s) and his/her/their family and/or
their guests in either of the following situations:
a. Individual beneficial owner or
b. Multiple beneficial owners where all of the
following can be demonstrated to the Division:
1. The pool is owned by a legal entity which
is in turn owned by the beneficial owners.
2. Pool ownership is part of the ownership of
real property by the beneficial owners.
3. The beneficial owners are able to assert
ultimate dominion and control over access to and
maintenance of the pool.
4. No pool memberships are available to
non-beneficial owners.
If it can be demonstrated that a pool meets all of the
above criteria and if the owners want the pool to be approved
as private, they shall contact the Division for the required
procedure. Any multiple beneficial ownership pool that is
approved private shall remain so until the owners notify the
Division that the pool no longer meets all of the above
criteria. These Regulations shall not apply to private pools.
Multiple ownership private pools, however, should go
through the plan review/approval process outlined in Section
26.202 so the pool will be in compliance with the design and
construction requirements of these Regulations in the event
that, at some future time, the pool no longer meets all of the
criteria for remaining private.
26.123 "Public Pool" means any indoor or outdoor
artificial basin constructed of concrete, metal, fiberglass or
any other nontoxic, impervious, and structurally rigid
approved materials, which contains a body of continuously
recirculated and filtered water with automatic disinfection
which is used for swimming, wading, diving, recreative
bathing, or other aquatic purposes and is open to either the
general public, or a limited section of the public, with or
without a fee. These Regulations shall not apply to pools
that are used by one (1) patron at a time and whose water is
completely changed after each patron. A public pool may
hereafter be referred to as a pool, a swimming pool, a wading
pool, a spa pool, a water slide, or a special purpose pool in
these Regulations. Based on the design, size, usage, or other
factors, public pools shall be categorized as follows:
"SwP" means a swimming pool, which is open to
either the general public, or a limited section of the general
public based on residency, membership, or some other
specific criteria.
"WP" means a wading pool, which is open to
either the general public, or a limited section of the general
public based on residency, membership, or some other
specific criteria.
"SpP" means a spa pool, which is open to either
the general public, or a limited section of the general public
based on residency, membership, or some other specific
criteria.
"WSF" means a water slide flume which is open to
either the general public, or a limited section of the general
public based on residency, membership, or some other
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1686 FINAL REGULATIONS
specific criteria.
"SpPP" means a special purpose pool, which is
open to either the general public, or a limited section of the
general public based on residency, membership, or some
other specific criteria.
26.124 "Run-Out Slide" means a flume where the
bathers stop in the flume and then exit to the pool deck/
walkway.
26.125 "Sanitary Survey" means a comprehensive
on-site review of the facilities, operation and management of
a pool for the purpose of determining whether a safe
environment and bathing water of acceptable quality are
being provided.
26.126 "Secretary, Delaware Health and Social
Services" means the Administrator of the Department of
Health and Social Services (DHSS) of the State of Delaware,
who shall hereafter in this document be referred to as the
Secretary, DHSS in conformance with 29 Delaware Code
Section 7904.
26.127 "Slip Resistant" means a textured surface that
is neither conducive to slipping when wet nor abrasive to
bare feet and has a minimum static coefficient of friction of
0.6 (measured by an approved method).
26.128 "Spa Pool" means a pool containing water
greater than ninety five (95) degrees Fahrenheit (°F) which is
not emptied after each use, which has a maximum depth of
four (4) feet, a maximum water surface area of two-hundred
fifty (250) square feet, is large enough for the immersion of
at least one person, and may have a high velocity air and/or
water jet system.
26.129 "Special Purpose Pool" means a pool which is
used for a specific supervised purpose, and which does not
fall into any of the first four (4) categories listed in Section
26.124 (SwP, WP, SpP or WSF).
26.130 "Splash Pool" means the body of water
located at the end of a flume from which bathers exit to the
deck.
26.131 "Superchlorinate" means the addition to the
pool water of an amount of chlorine sufficient to produce a
free chlorine residual which is at least ten (10) times the
amount of the combined chlorine residual plus the required
minimum free chlorine residual, in order to oxidize any
ammonia or other nitrogenous materials which may be
present in the pool water.
26.132 "Swimming Pool Slide" means a
commercially manufactured water entry device consisting of
an inclined plane (either straight or curved) with a small
raised edge (a few inches like a playground slide) which may
receive a constant supply of flowing water, is securely
attached to the pool deck and is designed to provide a safe
transit path for conveying sliders to a pool (water slide
flumes are not included in this definition).
26.135 "Swimming Pool Slide Water Entry Area"
means a water surface area of two hundred fifty-six (256)
square feet (16'x 16') immediately in front of a swimming
pool slide.
26.133 "Turbidity" means a measure of the clarity or
cloudiness of water.
26.134 "Turnover" means the circulation, through the
recirculation system, of a quantity of water equal to the pool
volume.
26.135 "Wading Pool" means a familiarization pool
for small children that may range in water depth from zero
(0) to a maximum of two (2) feet. with a maximum wall
height (distance from rim to bottom) of nine (9) inches at the
pool edge and a maximum depth of eighteen (18) inches.
26.136 "Water Slide Flume" means a water entry
device consisting of one or more flumes that discharge into a
with a run-out slide, a splash pool or a designated area of a
swimming pool (SwP) (swimming pool slides are not
included in this definition).
26.137 "Wet Deck/Walkway Area" means any deck/
walkway area that may become wet from splash or from
bather traffic, the pump/filter room floor and the floors of all
sanitary and bathhouse facilities.
SECTION 26.2 GENERAL PROVISIONS
26.201 Scope and Purpose - The provisions of these
Regulations shall apply to all public pools in the State of
Delaware. The purpose of these Regulations is to provide
minimum standards for design, construction, maintenance
and operation of public pools in the State of Delaware, and
to assure a clean, healthful, and safe environment for all
bathers using these pools. These Regulations in no way
preclude a facility from establishing additional rules and
operating procedures as long as they do not contradict those
established herein.
26.202 Plans and Specifications - No person shall
construct, install, alter or replace a pool, auxiliary pool
structure, or pool equipment, and no person shall convert a
private pool to a public pool until three (3) copies of plans
and specifications have been submitted to the Division, and a
Certificate of Approval has been issued. Whenever it is
discovered that any of the above have occurred or are
occurring without such approval, the Director shall order the
owner, operator or contractor to immediately close the pool
if it is open or stop the work or conversion, and to submit
plans and specifications to the Division. Any part of the
unapproved work or pool that is not in compliance with these
Regulations shall be removed, replaced or reconstructed in
order to achieve compliance. Plans and specifications shall
be legible and on paper no larger than 30" x 42" and shall
include, but are not limited to the following information:
a. The facility name and the name and telephone
number of a contact person at or near the site.
b. The name, mailing address and telephone
number of the owner.
c. The name, mailing address and telephone
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1687
number of the builder/contractor/engineer.
d. A map of the area (city, town, rural area, etc.)
showing the project location and a scaled drawing of the site
showing the pool location.
e. A scaled drawing showing an overhead view of
the pool which includes the location of but is not limited to:
all recirculation system fittings and piping, depth markings,
steps/ladders, diving board, lifeguard stand, fillspout, safety
line/bottom marking, lights (underwater and overhead),
deck/walkway, fence, pump/filter room*, bathhouse
facilities, food/beverage service facilities and any other
pools (e.g. wading pool, spa pool). This drawing shall also
specify the materials of construction for the pool and deck,
and the color of the pool walls and floor. If wood is planned
for the wet deck/walkway area the manufacturer of the wood
shall be specified, and if the wood has been treated by the
manufacturer or will be treated by the installer, any
preservatives, coatings, paints, etc. shall be specified.
*Either on this drawing on a separate sheet, a blown
up scaled drawing of the pump/filter room showing all
piping, equipment, fittings, and the flow pattern shall be
provided.
f. A scaled drawing showing a profile view(s) of
the pool, the pool depths and the relative elevation of the
pump and filter. If a diving board is planned, an end view
showing the required dimensions shall also be provided.
g. The following pool information: volume, water
surface area, perimeter filter type, filter surface area, design
flow rate, recirculation pump cacacity, total dynamic head
(TDH) in feet (if not provided a minimum of sixty (60) TDH
will be used), pool turnover time, and the size and type of all
piping (i.e., ductile iron, copper, plastic).
h. Specifications for and drawings or pictures of
all recirculation system components, including but not
limited to: skimmers* or gutters; drains, inlets; recirculation
pump with pump curve; rate of flow indicator with
manufacturer's installation instructions; the type, brand and
surface area in square feet of the filter(s)*; multiport valve*;
the type, brand and capacity of automatic disinfection
equipment*; heater (including proof of AGA or UL
approval); portable vacuum equipment; and the chemical
name of the disinfectant to be used. All specifications shall
include the manufacturer's name and model #.
*Specifications shall include proof of NSF International
listing, or approved equivalent. In the remainder of these
Regulations, wherever there is a referral to NSF, it means
NSF International or approved equivalent.
i. The source of potable water (i.e. their own onsite
well or the name of the water supplier if the water comes
from off-site), and the location and methods of disposal for
sanitary waste, filter backwash water and pool water pumped
to waste.
j. For new pools, the following signed statement
from the owner in all three (3) sets of plans and
specifications: "I hereby acknowledge that all items either
listed or shown in these plans and specifications as not in
contract (NIC), by others, or equivalent, are my
responsibility. I also realize that this entire project must be
completed in accordance with the approved plans and
specifications, and all conditions listed in the Certificate of
Approval, prior to the issuance of an operating permit by the
Division." This statement with signature may appear
directly on the plan drawings.
k. For changes to existing pools, the following
signed statement from the owner in all three (3) sets of plans
and specifications: "I hereby acknowledge that all items
either listed or shown in these plans and specifications as not
in contract (NIC), by others, or equivalent, are my
responsibility. I also realize that this entire project must be
completed in accordance with the approved plans and
specifications, and all conditions listed in the Certificate of
Approval, prior to this pool receiving permission from the
Division to reopen." This statement with signature may
appear directly on the plan drawings.
Upon receipt of plans and specifications, the
Division shall determine if the project is approved or
disapproved and notify the responsible person within thirty
(30) days. If disapproved, the reasons shall be specified. If
approved, a Certificate of Approval shall be issued which
shall be valid for one (1) year. All construction shall be in
accordance with the approved plans and specifications, and
all conditions listed in the Certificate of Approval. Prior to
opening, the owner or operator of a new pool shall contact
the Division for a pre-opening sanitary survey in order to
receive an operating permit. The Division reserves the right
to reject plans and specifications from a pool builder/pool
service company based upon evidence of malfeasance or
non-feasance related to a previous Certificate of Approval.
The Division may establish a fee for plan review/
approval. Public notice and opportunity for a public hearing
will be provided prior to the implementation of such a fee.
26.203 Site Inspection - Prior to the issuance of a
Certificate of Approval for the construction of a new outdoor
pool, a site inspection shall be made by a representative of
the Division in order to confirm that the pool location meets
the requirements of Section 26.301. After a specific site is
approved, any change of location shall require another site
inspection.
26.204 Operating Permit - No person shall operate a
pool without a valid permit from the Division and operating
permits shall expire annually. The operating permit is not
transferable if either the pool name or ownership changes.
For new pools, the operating permit application should be
submitted at least thirty (30) days prior to the planned
opening date. The operating permit shall be available for
viewing by any patron or representative of the Division upon
request and should be conspicuously posted. The Division
may establish an annual fee for the operating permit. Public
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1688 FINAL REGULATIONS
notice and opportunity for a public hearing will be provided
prior to the implementation of such a fee.
26.205 Pool Builder/Pool Service Company - No
person or company shall install, construct or sell a public
pool that does not conform to these Regulations. All pools
should be built/serviced by a qualified person or company.
The Division may establish certification and licensing
requirements for pool builders/service companies along with
a fee for such license. At such time, the Division shall
require that all pools be built/serviced by a certified and
licensed person. Public notice and opportunity for a public
hearing will be provided prior to the implementation of
certification and licensing requirements and/or a license fee.
This section is in no way meant to preclude the owner of a
pool or the owner's employees from performing work on
their own pool.
26.205 Pool Operator - The operation of every pool
shall be monitored by an approved pool operator. This
person may be part of the pool staff or from a private
company and shall monitor the pool as often as necessary to
maintain compliance with these Regulations. The approved
pool operator's certificate issued by the Division, or a copy,
shall be available for viewing by any patron or representative
of the Division upon request and should be conspicuously
posted. The Division reserves the right to revoke the
approval of any operator based upon evidence of
malfeasance or non-feasance.
26.206 Right of Entry and Sanitary Surveys -
Representatives of the Division shall have the right of
immediate entry any time a pool is open, and in special
situations, at any reasonable time, in order to perform a
sanitary survey to determine compliance with these
Regulations. A sanitary survey shall be conducted at least
once per year at every active pool. These surveys may
include any room or area associated with the pool operation.
In addition, the representatives shall be permitted to examine
any pertinent records.
26.207 Inactive Pools - Any pool which closes for
thirty (30) continuous days or more, should contact the
Division for a sanitary survey prior to re-opening. Any pool
which closes for twelve (12) or more continuous months
shall: be classified as inactive; contact the Division for a
sanitary survey prior to re-opening; and make whatever
changes are deemed necessary to achieve compliance with
the current Regulations. If the inactive pool does not have
its own recirculation/filtration/disinfection system, this shall
be provided prior to receiving approval to reopen. If there is
no intention of reopening an inactive pool, it should shall be
properly abandoned (removed or filled with dirt to ground
level). Outdoor inactive pools shall be equipped with a
tightly fitting cover during mosquito breeding season
(normally May through September).
26.208 Variance Standards - The Division may allow
for some deviation from these Regulations on a temporary
trial basis, in order to allow the pool owner or operator to
demonstrate that some alternate procedure or innovation in
design, construction or operation should be approved. Such
permission shall only be granted if the Division is convinced
that the health, safety and well-being of the pool patrons will
not be jeopardized. If the procedure or innovation in design,
construction or operation is approved, the Regulations shall
be amended accordingly, if necessary.
SECTION 26.3 LOCATION, DESIGN AND
CONSTRUCTION
26.301 Location - Pools shall not be located in areas
which are subject to contamination from dust, soot, flyash,
smoke, improper drainage, a high water table, or other
undesirable substances. For outdoor pools, any overhead
wiring not inside an electrical conduit shall not pass over any
part of the deck or an area within twenty (20) feet of the
nearest edge of the pool. If the edge of a pool, extended
upward vertically, is located within fifteen (15) feet of a
building, roof or balcony, a protective barrier may be
required (discretion of the Division) to prevent diving from
the building, roof or balcony.
26.302 Design - No limits are specified for the shape
of pools, however, consideration shall be given to shape
from the standpoint of safety and proper water circulation.
Pools shall be designed such that: there is even and
complete water circulation throughout; safe, sanitary
conditions can be maintained at all times; and all bathers can
be effectively monitored; and all bather entry points to the
pool deck are at the shallow end of the pool if any part of the
pool is greater than five (5) feet deep. When the bather
entrance gate cannot be located at the shallow end, an
interior fence at least four (4) feet high shall be provided,
which will create a corridor to the shallow end . There shall
be no protrusions, extensions, means of entanglement, or
other obstructions in the pool which can cause entrapment or
injury. Underwater or overhead projections or obstructions
except for handholds, steps, ladders, [handicapped access]
facilities [for persons with disabilities] or recirculation
system fittings shall be prohibited, unless such construction
can be justified by engineering design. Underwater seat
benches may be permitted in areas where the water depth is
five (5) feet or less provided that: the maximum water depth
over the seat bench is twenty-four (24) inches; the seat bench
is completely recessed; the outer edge of the seat bench shall
be outlined in contrasting color by a solid marking line at
least one (1) inch wide; and the seat bench surface is slip
resistant.
26.303 Construction - Pool walls and bottoms shall be
constructed of concrete, fiberglass, metal or other nontoxic,
impervious and structurally rigid materials approved by the
Division, which will provide a watertight basin, smooth,
easily cleanable surfaces and a finish without cracks. Sand,
earth or wood construction shall be prohibited. The walls
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1689
and bottom shall be white or light in color for the purpose of
insuring contrast to identify objects. Corners formed by the
intersections of walls or walls and floors shall be curved
(radiused). Surfaces within the pool intended to provide
footing for patrons shall be designed to be slip resistant.
Offset or safety ledges shall be prohibited.
26.304 Hydrostatic Relief Valve - All below ground
pools, with the exception of indoor crib bed pools, should
have a hydrostatic relief valve, which will relieve ground
water pressure and prevent the shell from being lifted
upward.
26.304 Walls - All SwP and WSF splash pool walls
shall be vertical for a minimum depth of two (2) feet six (6)
inches in areas less than five (5) feet deep. Exceptions may
be made for irregularly shaped pools (e.g. zero depth entry,
T, L or Z shapes) in the recessed areas out of the main
swimming area.
26.305 Floor/Slope - All pool floors shall be sloped
toward the outlet/drain and all slopes shall be constant. The
slope shall not exceed one (1) foot in twelve (12) feet (1':12')
where the water depth is five (5) feet or less, shall not exceed
one (1) foot in (3) feet (1':3') where the depth is greater than
five (5) feet. Any pool having a transition from the slope in
the shallow end to the deep end shall do so through a slope
break starting at a depth not less than three and one half feet
(3-1/2) feet and not greater than five (5) feet. At least one
(1) foot and not more than two (2) feet on the shallow side of
the slope break directly under the safety line, the floor shall
be marked with a line of contrasting color that is either: solid
and at least two (2) inches wide or intermittent with sections
that are at least four (4) inches by four (4) inches and not
more than one (1) foot apart on centers.
26.306 Shallow End Minimum/Maximum Depth - With
the exception of diving pools, all SwP pools shall have a
minimum depth in the shallow area of three (3) feet and a
maximum depth of four (4) feet. Exceptions may be made
for irregularly shaped SwP pools (e.g. zero depth entry, T, L
or Z shapes) with recessed areas out of the main swimming
area.
26.307 Ladders and Steps - With the exception ofWP,
SpP and WSF splash pools, all pools shall have at least two
entry/exit points (ladders or steps), one (1) for each end.
Any pool with water deeper than five (5) feet shall have at
least two (2) ladders in the deep end. In addition to the
above, any pool with a perimeter greater than two hundred
twenty-five (225) feet shall have one (1) additional ladder or
set of steps for each additional seventy-five (75) feet of
perimeter or fraction thereof.
Ladders shall be constructed of corrosion resistant
materials and shall be securely anchored into the pool deck
or built into the pool wall. All ladders shall have two (2)
handrails and at least two (2) slip resistant treads which are
at least one and one half (1-1/2) inches deep, with a uniform
length of at least twelve (12) inches and a uniform spacing of
at least seven (7) inches and not more than twelve inches.
The clearance between any ladder and the pool wall shall be
at least three (3) inches and not more than six (6) inches.
Recessed ladders (built into the wall) shall have two (2)
handrails and shall have a tread at least five (5) inches in
depth, at least twelve (12) inches in width and the uppermost
tread shall be within twelve inches of the pool coping top
edge or the deck surface. All treads shall slope toward the
pool.
Where steps are provided, they shall either be
recessed or located in a corner. All steps shall have a
minimum tread length of twenty-four (24) inches, a tread
depth of at least ten (10) inches and a uniform height of not
more than twelve (12) inches, with the exception of either
the top or bottom tread which may vary +/- -two (2) inches.
The top surface edge of each step shall be outlined in
contrasting color by a line (painted, tile, etc.) at least one (1)
inch wide. Each set of steps shall have at least one (1)
handrail per seven (7) feet of tread length. If the steps are
less than four (4) feet wide the handrail shall be located at
the side and if the steps are four (4) feet or wider, the
handrail shall be located in the center. The tread surface
shall be slip resistant.
26.308 Decks and Walkways - Every pool shall have a
continuous unobstructed deck at rim level around the entire
perimeter. The deck shall be no less than four (4) feet wide
at any point, measured from the pool edge. For outdoor
pools, the area of the deck shall be at least equal to the area
of the pool water surface, and for indoor pools, the area of
the deck shall be at least equal to two thirds (2/3) of the pool
water surface. A minimum width of four (4) feet shall be
provided behind lifeguard stands and the ladders/steps of all
diving boards. Walkways shall be provided from the deck to
all pool sanitary and bathhouse facilities. In computing the
minimum deck area for adjacent pools, no area of the deck
shall be considered as serving both pools.
In order to prevent standing water, decks and
walkways shall have a uniform slope of not less than one
quarter (1/4) inch per foot and not more than one half (1/2)
inch per foot, away from the pool and toward deck drains or
areas where the water will have a free unobstructed flow to
points of disposal. The edge of the pool deck at its junction
with the pool wall shall be constructed of bullnose coping, or
some other acceptable material, which will provide an
adequate hand hold around the entire pool perimeter and
which is not more than twelve (12) inches above the normal
water level.
Wet deck/walkway areas shall be constructed of
concrete or other approved material which has an impervious
slip resistant surface, can be easily cleaned and is installed
such that there are no hazards to patrons or their bare feet
(e.g. tripping, abrasions, splinters, etc.). If expansion joints
are provided, the joint shall be filled with a non-rigid
material such as mastic which shall not protrude above the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1690 FINAL REGULATIONS
deck. Exposed wooden expansion joints shall be prohibited.
Carpeting shall be prohibited in wet deck/walkway areas.
Wood may be used in wet deck/walkway areas if all of the
following conditions are met (the following conditions apply
only to the wood that forms the wet deck/walkway surface
and not to support structures below):
a. The wood shall not be treated with creosote,
pentachlorophenol, inorganic arsenicals or any other
substance which has been shown to have either an acute or a
chronic health effect. Any substance that has been applied to
the wood by the manufacturer and any substance that will be
applied to the wood by the installer shall be approved prior
to installation.
b. Spacing between boards not to exceed one quarter
(1/4) inch shall be provided.
c. The area below the wooden deck or walkway shall
properly drain to points of disposal.
d. All wood fasteners shall be corrosion resistant.
26.309 Electrical and Lighting Requirements - All
electrical wiring and equipment associated with the pool
shall be in compliance with all appropriate state and local
codes and the current edition of the National Electric Code.
For indoor pools and all bathhouse facilities, all overhead
wiring which is not behind the wall or ceiling shall be inside
an electrical conduit.
Artificial lighting shall be provided at all pools
which do not have adequate natural lighting or which are to
be used for evening/night swimming. The artificial lighting
shall meet all of the following conditions:
a. Lighting shall be sufficient such that all areas
of the pool, and either of the following are clearly visible
without glare from the deck: the main drain(s) and all bottom
markings; or a black disk six (6) inches in diameter
superimposed upon a white field and placed on the bottom of
the deepest point.
b. Outdoor pools shall provide at least thirty (30)
footcandles and indoor pools shall provide at least fifty (50)
footcandles of illumination at the water surface from natural
and/or artificial lighting.
c. All overhead lights shall be covered with
adequate shatter resistant shields and equipped with shatter
resistant bulbs.
26.310 Hose Bibbs - A sufficient number of hose bibbs
shall be provided and located such that all parts of the deck
area, the pump/filter room and the bathhouse facilities are
easily reachable with a fifty (50) foot hose, without the hose
passing over or through the pool water. Hose bibbs shall be
located at the edge of the deck such that they do not
constitute a tripping hazard and shall be equipped with
vacuum breakers or other approved backflow prevention
devices.
26.311 Trees, Sand Areas and Planted Areas - Trees at
the pool site prior to construction shall not be permitted
inside the pool fence and should be removed if they will be
within fifty (50) feet of the pool edge. Sand areas and other
nongrass/unsodded areas designed for bather access shall not
be permitted inside the pool fence or room. Provisions shall
be made so that bathers returning to the pool deck from these
areas are routed past a foot rinse shower. Flower beds,
shrubs and other similar planted areas may be permitted
inside the pool fence or room if all of the following
conditions are satisfied:
a. There shall be a separation distance of at least
ten (10) feet between the edge of the pool and the edge of the
planted area.
b. The planted area shall be designed such that
regular maintenance can be easily accomplished.
c. All planted area drainage shall be conducted
away from the pool in a manner that will not create muddy,
hazardous, or objectionable conditions.
d. The planted area shall be designed to
discourage patron entry.
26.312 Sanitary/Bathhouse Facilities - All pools shall
have at least one (1) permanent water closet with lavatory for
the lifeguard/attendant, which is accessible when the pool is
open and is located contiguous to the pool deck or pool
room. Furthermore, all pools, with the exception of those
where all patrons' sanitary/bathhouse facilities are within one
thousand (1000) feet, shall provide the following permanent
sanitary/bathhouse facilities located contiguous to the pool
deck or pool room:
Number of Fixture Sets *Pool(s) Water Surface Area
For Each Sex (Square Feet)
One (1) Up to 2000
Two (2) 2001 to 4000
Three (3) 4001 to 6000
Four (4) 6001 to 8000
*For pools greater than eight thousand (8000)
square feet, one additional fixture set for each sex shall be
provided for each additional four thousand (4000) square
feet, or fraction thereof.
All sanitary and bathhouse facilities shall be
indoors, enclosed to provide privacy, finished in light colors,
well ventilated, in good working order and designed such
that good sanitation can be maintained throughout at all
times. Floors shall be constructed of concrete or other
approved material, shall have a smooth slip resistant finish
and shall be sloped to floor drains or points of drainage.
Carpeting shall be prohibited in all wet deck/walkway areas.
Floor and wall junctions shall be curved (radiused) for easy
cleaning. Lighting shall provide at least thirty (30)
footcandles of illumination at floor level. All lavatories and
showers shall have hot and cold water and shall be equipped
with tempering valves which provide water at a temperature
not exceeding 120°F. All bathhouses shall have soap (liquid
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1691
recommended), single service towels or hot air dryers, toilet
tissue, and waste baskets. All plumbing shall be in
compliance with the "State of Delaware Regulations
Governing a Detailed Plumbing Code" and new installations
shall be inspected and approved by the appropriate authority
prior to use. Floors shall have a slip resistant finish, and
carpeting and duckboard shall be prohibited. All bathhouse
facilities shall be at the same elevation as the pool deck or at
an elevation that is accessible with a ramp having a slope
that shall not exceed one (1) inch per foot and should not
exceed one (1) inch per twenty (20) inches. The pool
operator should require all bathers to take a shower prior to
entering the pool.
All outdoor pools, except those where bathers must
go through the bathhouse in order to reach the deck, shall
have a foot rinse shower at each patron entry point. Any
indoor pool with direct bather access to an outdoor sand
beach or other unsodded area shall also have a foot rinse
shower at the access point. The foot rinse shower shall be
located such that bathers must walk past the deck discharge
area. In order to prevent standing water, the deck discharge
area shall slope toward a drain or an area where the water
will have a free unobstructed flow to points of disposal. The
foot rinse shower shall should: be a shower head; be
approximately twelve (12) to twenty-four (24) inches above
the deck; have an automatic shut off valve when released;
and point toward the deck at approximately a forty-five (45)
degree angle. Foot baths (standing water in which patrons
rinse their feet) shall be prohibited.
26.313 Drinking Fountain - At least one (1) sanitary
type (guarded angle jet) drinking fountain in good working
order shall be provided. The fountain shall be easily
accessible and located inside the pool fence or room at the
shallow end. Common drinking cups shall be prohibited.
26.314 Food and Beverage Facilities - Food and
beverage service facilities that are inside the pool fence or
room shall not be located within twenty (20) feet of the pool
edge. If licensing is required, all such facilities shall be
licensed by the Division or the appropriate authority.
26.315 Starting Blocks - If starting blocks for
competitive swimming events are installed, the water depth
under the blocks shall be greater than five (5) feet.
26.316 Escutcheon Plates - All anchor bolts shall be
covered by escutcheon plates.
26.317 [Handicapped] Access [for Persons with
Disabilities] - [Steps, ramps, handrails, lifts, or other
appurtenances] [Facilities] designed to accommodate
[persons with disabilities] [handicapped individuals] will
be approved within the limits of sound engineering practice
and nationally recognized standards. Lifts shall be mounted
into the pool deck and shall have a minimum deck width of
four (4) feet behind the lift mount.
26.318 Swimming Pool Slides - The installation of
swimming pool slides shall be prohibited. All swimming
pool slides that are in existence on the effective date of these
Regulations (April 15, 1990) should be removed.
26.319 Diving Area/Diving Pool and Diving Board -
The dimensions of the diving area/diving pool and the diving
board shall be in accordance with the following:
Minimum (*) and Maximum (**) Dimensions for Pools with
Diving Boards
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1692 FINAL REGULATIONS
DIVING BOARD HEIGHT
ABOVE-WATER
HEIGHT LENGTHS DEPTHS
H1 L1 L2 L3 L4 L5 L6 L7 D1 D2 D3 D4 D5
MAXIMUM 1/2 METER
(20 INCHES)
* 15' * 8' * 15' **12'
10'
*3'
**4'
*16' *13'6" * 12' *
6'1"
*
10'
*
9'6"
*
3'6"
**5'
* 2'6"
**
3'6"
>1/2 METER TO 1 METER
(SEE L3)
*
15'
*
8'
*
16'
**
12'
*3'
*4'
*
18
16'6
*
16'6"
*
12'
*
6'6"
*
11'
*
10'6"
*
3'6"
**5'
*
2'6"
**
3'6"
>1/2 METER TO 1 METER
(SEE L3)
*
16'
*
8'
*
16'
**
16'
*5'
**6'
*
20'
16'6
*
19'6"
*
12'
*
7'
6'
*
12'
11'
*
11'6"
10'6"
*
3'6"
**5'
*
2'6"
**
3'6"
>1 METER TO 3 METERS *
16'
*
8'
*
16'
**
16'
*5'
**6'
*
20'
*
22'6"
*
12'
*
7'6"
6'
8
13'
12'
*
12'6"
11'6"
*
3'6"
**5'
*
2'6"
**
3'6"
>greater than Diving Boards
Minimum (*) and Maximum (**) Dimensions for Pools with
DIVING BOARDHEIGHT
ABOVE-WATER
HEIGHT LENGTHS DEPTHS
H1 L6 L7 L8 L9 L10 D1 D2 D6
MAXIMUM1/2 METER
(20 INCHES)
*
15'
*
8'
*
10' 7'
*
12' 8'6"'
*
10' 7'
*
5'
*
6'
*
10'
*
10' 9'9"
>1/2 METER TO 1 METER
(SEE L3)
*
15'
*
8'
*
10' 7'
*
12' 8'6"
*
10' 7'
*
5'
*
6'6"
*
11'
*
11 10'9"
>1/2 METER TO 1 METER
(SEE L3)
*
16'
*
8'
*
10' 7'
*
12' 8'6"
*
10' 7
*
5'
*
7' 6'
*
12' 11'
*
12 10'9"
>1 METER TO 3 METERS *
16'
*
8'
*
10' 8'
*
12' 11'6"
*
10' 7'
*
5'
*
7'6" 6'
*
13' 12'
*
12'6" 11'9"
>greater than
Pools with diving boards higher than three (3) meters,
and/or pools with diving platforms shall be constructed in
accordance with the standards of the FINA, NCAA and USD
and these devices shall be labeled "COMPETITIVE
DIVING ONLY."
Diving boards shall have guardrails on both sides which
are at least thirty (30) inches high and extend from the back
end of the board to at least one (1) foot past the pool edge.
Diving boards that are greater than one (1) meter high shall
have handrails on both sides of the ladder/steps and the
guardrails should be completely closed but in no case shall
the spacing between them exceed twelve (12) inches.
All diving boards shall be level and shall have slip
resistant surfaces. All supports, steps, and railings shall be
made of material which is of sufficient strength to handle the
anticipated load. Trampoline type diving facilities and rope
drops shall be prohibited. With the exception of competitive
diving, any adjustable fulcrum diving board shall have the
fulcrum locked in the maximum forward position.
Any diving board in existence on the effective date of
these Regulations (April 15, 1990) that cannot comply with
the requirements of this Section by being shortened and/or
lowered, should be removed. Also, In order for the
replacement of any diving board stand, or the replacement of
any diving board stand and diving board to be approved, the
pool shall be in compliance with the requirements of this
Section.
SECTION 26.4 RECIRCULATION SYSTEM
26.401 General Requirements - Each pool shall have
its own recirculation system. The recirculation system shall
consist of, but is not limited to: a pump, a flow measuring
device, a removable strainer with spare basket (not required
on vacuum filters), a filter with at least one (1) pressure
gauge, an automatic disinfectant feeder, piping, deep end
floor outlets/drains, a perimeter overflow gutter or surface
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1693
skinners, return inlets, valves and other necessary
equipment. The recirculation system shall be designed to
provide a minimum of four (4) turnovers of the pool volume
per day [one (1) every six (6) hours] against the maximum
head. In the pump/filter area, each suction and discharge
line shall have a manual control valve capable of regulating
flow or shutting off flow completely. If the required flow
rate is provided collectively by multiple pumps, all of these
pumps shall operate by a single control switch. The
difference between the minimum required flow rate in
gallons per minute (gpm) (based on the type of pool) and the
maximum allowable flow rate in gpm (based on the type of
filtration) shall be at least ten (10) gpm. Water velocities
through piping should not exceed the following: three (3)
feet per second in gravity pipe; five (5) feet per second in
suction pipe and ten (10) feet per second in pressure pipe.
26.402 Recirculation Pump - All recirculation pumps
shall be of adequate capacity to provide the required
turnover rate, a sufficient backwash rate and sufficient
suction for any vacuum fittings. If the pump or any suction
side piping is located above the pool water level, the pump
shall be self-priming. All recirculation pumps shall be
equipped with the necessary piping, valves, etc. such that
pool water can be pumped directly to waste. This line shall
terminate above any drain entry point by a distance of at
least twice its diameter. For the purpose of confirming or
determining the flow rate, all recirculation pumps shall be
equipped with pressure gauges on both the suction and
pressure side the pump and the pump curve should be
conspicuously posted nearby.
26.403 Rate of Flow Indicator - At least one (1) rate of
flow indicator reading in gpm shall be installed after
filtration on the pool return line. The indicator shall be
easily accessible for viewing, in proper working condition
when the pool is open, sized such that the design flow rate is
in the mid range of the indicator, and capable of measuring
at least fifty (50) percent more than the design flow rate.
The clearance upstream and downstream from the indicator
shall comply with the manufacturer's specifications. In lieu
of the above, a pre-set flow control valve with a direct
mounted meter kit and conversion chart may be used.
26.404 Floor Outlets/Drains - All pools shall be
provided with at least two (2) floor outlets/drains at the
deepest point which: are connected to the recirculation
system through the same line; are at least six (6) feet apart on
centers (for special designs, as far apart as possible or on
different planes); are not more than fifteen (15) feet from the
side wall; are equipped with a flow control valve(s) near the
recirculation pump; have an antivortex cover or a twelve
inch by twelve inch (12" x 12") grate or larger; and can
completely drain the pool. The velocity of the water
entering the outlet/drain should not exceed one and one half
(1-1/2) feet per second. All drain outlet pipes shall be
recessed within the fitting or in a pit and equipped with a
cover which can only be removed with a Phillips screwdriver
or a special tool. The width and length of slot openings in
the cover shall not exceed one half (1/2) inch and one (1)
inch respectively.
26.405 Perimeter Overflow Gutters and Surface
Skimmers - All pools shall have either perimeter overflow
gutters or surface skimmers (not recommended for pools
with a water surface area greater than 2500 square feet)
which: are capable of conducting one hundred (100) percent
of the required flow rate; are connected to the recirculation
system; have flow control valves near the recirculation
pump; and effectively remove any floating material. If
perimeter overflow gutters are used, they shall be continuous
around the pool with a uniform level rim which is not more
than twelve (12) inches below the deck and which will
provide a suitable handhold. Gutters shall be designed so
that the channel is easily accessible for cleaning and presents
no entanglement hazard to bathers. If the gutters are
recessed, the access opening shall be at least four (4) inches.
Gutter drains shall be provided at uniform intervals not to
exceed fifteen (15) feet and the gutter shall slope sufficiently
to these drains. The design shall ensure that the recirculation
pump receive a continuous supply of water at all times either
by adequate surge capacity within the gutters or a surge/
balancing tank. Any perimeter overflow gutter with a
submerged protruding edge, shall have a solid marking line
of contrasting color which is at least one (1) inch wide on the
top surface edge of the gutter. Under normal operating
conditions the flow rate through the gutter should be one
hundred (100) percent of the design flow rate.
If surface skimmers are used, they shall be NSF
listed and at least two (2) shall be provided. For pools that
are greater than one thousand (1000) square feet of water
surface, one (1) additional skimmer shall be provided for
each additional (500) square feet of pool water surface or
fraction thereof. Skimmers shall be optimally located
around the pool perimeter and the recirculation system shall
be designed such that the flow through each skimmer is at
least twenty (20) gpm. All skimmers shall have individual
flow controls devices, an equalizer line (except WP pools),
an easily removable, cleanable basket or screen and a cover.
Under normal operating conditions the total flow rate
through the skimmers should be at least eighty (80) percent
of the design flow rate.
26.406 Inlets - With the exception of WP and SpP
pools, All pools shall have at least four (4) inlets, either on
the side walls or on the floor, which are connected to the
recirculation system. Side wall inlets, with the exception of
those built into a gutter, shall discharge at a depth of at least
twelve (12) inches below the normal water level. The
distance between side wall or bottom inlets, measured along
the wall or floor surface, shall not exceed twenty (20) feet
and the spacing between any floor inlet and the side wall,
measure along the surface, shall not exceed ten (10) feet.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1694 FINAL REGULATIONS
When wall inlets are used, an inlet shall be provided within
five (5) feet of each corner and one (1) in each recessed step
area. The inlets, either by adjustability or by design, shall
provide the necessary flow to maintain the required
disinfectant residual and chemical quality evenly throughout
the pool.
26.407 Vacuuming - All pools shall have the capability
of vacuuming the bottom either through a skimmer, a
separate vacuum fitting or a portable vacuum system. If a
portable vacuum system must be used, it shall be stored onsite
when the pool is open. Vacuuming through a portable
vacuum system that is connected to the potable water supply
shall be prohibited. In line and portable vacuum pumps shall
be equipped with a removable strainer with a spare basket.
26.408 Piping - Recirculation system piping shall be
made of non-toxic material and should be sized such that:
head losses do not exceed one (1) foot per hundred (100) feet
on suction lines and three (3) feet per hundred (100) feet on
discharge lines; and flow velocities do not exceed three (3)
feet per second in gravity, six (6) feet per second under
suction, and ten (10) feet per second under pressure. All
plastic piping shall: be labeled with the manufacturer's name
and the NSF logo for potable water; appear in the current
NSF Listing "Plumbing and Related Products", or approved
equivalent; and be used/installed in accordance with the
manufacturer's specifications.
26.409 Multiport Valves - All multiport valves shall be
NSF listed.
26.410 Pool Water Heaters - All gas heaters shall be
design-certified by the American Gas Association (AGA)
and shall display a rating data plate and the AGA seal. All
electric heaters shall be Underwriters Laboratories (UL)
approved and shall display the UL seal. All heaters shall
have sufficient piping and valves to permit isolation and
removal of the heater from the system.
26.411 Equipment Access, Freezing Protection and
Drainage - Easy access shall be provided to all parts of the
recirculation system that must be inspected or serviced. All
piping and equipment that is subject to freezing shall be
provided with an adequate means of draining. At least thirty
(30) foot candles of illumination shall be provided around all
equipment. In order to prevent standing water, all equipment
rooms shall be adequately graded toward floor drains or
areas where the water will have a free unobstructed flow to
points of disposal.
SECTION 26.5 FILTRATION SYSTEM
26.501 General Requirements - Each pool shall have
its own filtration system. All filters shall bear the
manufacturer's name, the model #, the surface area and the
filter shall be NSF listed. All filtration systems shall be
sized such that the maximum allowable filtration rates are
not exceeded and shall be operated such that the passage of
unfiltered water will be prevented. The filter effluent water
shall have a turbidity of five tenths (.5) NTU or less. All
filters shall be capable of being totally drained through a
manual valve or by disconnecting a union, and all filtration
surfaces shall be accessible for inspection, maintenance or
replacement. Filters that require backwashing shall have a
pressure gauge(s) for determining the time to backwash, and
a site glass for observing the backwash water clarity. The
backwash discharge line shall terminate above the drain
entry point by a distance of at least twice its diameter. All
pressure filters shall be equipped with manual or automatic
air release valves, or shall be self-purging. If a manual air
release valve is present, specific instructions explaining its
use shall be provided and shall be conspicuously posted on
or near the filter. In multiple filter installations filter piping
shall be valved such that each filter can be isolated for
repairs, while other filters remain in service.
26.502 Rapid Sand Filters - All media shall meet all of
the specifications of the filter manufacturer. In multiple
filter installations filter piping shall be valved such that each
filter can be individually backwashed. The filtration rate for
rapid sand filters shall not exceed three (3) gpm per square
foot of filter area, or the NSF listed flow rate, whichever is
less.
26.503 High Rate Sand Filters - All media shall meet
all of the specifications of the filter manufacturer. The
filtration rate for high rate sand filters shall not exceed
twenty (20) gpm per square foot of filter area, or the NSF
listed flow rate, whichever is less.
26.504 Diatomaceous Earth Filters - If diatomaceous
earth filters are equipped with a pressure type separation
tank, there shall be no manual valves on the effluent line, and
the following statement or equivalent shall be conspicuously
posted on the top of the separation tank and at the pump
control switch "Do not start the pump without opening the
manual air release on the separation tank and checking to
make sure that the top of the separation tank is securely
attached." Also, any manufacturer's instructions for the
proper use of this separation tank shall be displayed either on
the top of the separation tank or on the wall nearby. The
filtration rate for diatomaceous earth filters shall not exceed
two (2) gpm per square foot of filter area, or the NSF listed
flow rate, whichever is less. Diatomaceous earth filters that
have an NSF listing for slurry feed shall not exceed a
filtration rate of 2.5 gpm per square foot of filter area. All
diatomaceous earth filters that are backwashed to waste
should have a settling tank/chamber for capturing the earth.
26.505 Cartridge Filters - All pools with cartridge
filtration systems shall have at least one (1) spare cartridge
for each cartridge in use, which is clean and ready for
installation, along with at least one (1) vat which is capable
of submerging all of the cartridges from one filter vessel.
Pools with modular media cartridge filtration shall have at
least one (1) spare cartridge for each type of cartridge in use,
which is clean and ready for installation. When cartridges
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1695
become clogged to the extent that cleaning does not restore
them, or they become damaged, they shall be discarded. The
filtration rate for cartridge filters shall not exceed three
hundred seventy-five one thousandths (.375) gpm per square
foot of filter area, or the NSF listed flow rate, whichever is
less.
SECTION 26.6 POTABLE WATER SUPPLY, POOL
WATER QUALITY/TESTING, CHEMICALS AND
WASTEWATER
26.601 Potable Water Supply - All pools shall have a
water supply which: is approved by the Division; is in
compliance with the requirements of the "State of Delaware
Regulations Governing Public Drinking Water Systems;"
and is of adequate capacity to meet peak demands while
maintaining at least twenty five (25) pounds per square inch
(psi) and not more than one hundred (100) psi at all points in
the system. All drinking fountains shall be in good working
order. Cross connections between the potable water supply
and the pool water shall be prohibited. Hose bibbs shall be
located such that they do not constitute a tripping hazard and
shall be equipped with vacuum breakers or other backflow
prevention devices approved by the Division.
26.602 Fillspout - All pools shall have a permanent
fillspout that shall be air gapped at least two (2) pipe
diameters above the pool rim, or the rim of any vessel or
pipe that connects to the pool. In order to minimize the
possibility of creating a tripping hazard, all fillspouts that are
on the deck shall be located immediately next to one of the
pool ladders, or another approved location. The portion of
the water line passing through a concrete deck shall either be
non-plastic piping or shall be inside a metal sleeve. All
pools that are in existence on the effective date of these
Regulations and do not have a permanent fillspout, or have a
fillspout that is a potential tripping hazard should shall take
whatever steps are appropriate to install the fillspout or
eliminate the potential tripping hazard. All fillspouts located
on the pool deck should be braced.
26.603 Clarity - The water is all pools shall be
sufficiently clear and the lighting shall be sufficient such that
all areas of the pool, and either of the following are clearly
visible from the deck: the main drain(s) and all bottom
markings; or a black disk six (6) inches in diameter
superimposed upon a white field and placed on the bottom at
the deepest point. The turbidity of the pool water shall be
five tenths (.5) NTU or less.
26.604 Bacteriological Quality - If samples are taken
for the heterotrophic plate count test [standard plate count
(SPC)], the result shall be less than (<) two hundred (200)
colonies per milliliter. If samples are taken for the total
coliform test, when the membrane filtration (MF) technique
is used, the result shall be less than (<) one (1) colony per
one hundred (100) milliliters of sample, when the multiple
tube fermentation or most probable number (MPN) method
is used, none of the conformed portions shall show the
presence of the coliform group [result reported as less than
(<) 2.2] and when the presence/absence test is used, the
result shall be absent.
Samples shall be taken by, or required by the
Division whenever it is deemed necessary. For the purpose
of determining compliance with this Section, samples may
be considered only if they have been analyzed by the
Division or by another approved laboratory.
26.605 Chemical Quality -The chemical quality of
pool water shall not cause any irritation to the eyes or skin of
bathers and shall be in compliance with the requirements of
the "State of Delaware Regulations Governing Public
Drinking Water Systems." The pH shall not be less than 7.2
or greater than 7.8. All pool water should be balanced (pH,
calcium hardness, alkalinity, and temperature) and
maintained in accordance with either Langelier Index/Water
Balance method shown in Appendices A and B, or an
approved equivalent, and the total dissolved solids (TDS)
level should not exceed one thousand five hundred (1500)
parts per million (ppm). Any chemical added directly or
indirectly to a pool shall be approved by the Division,
registered with the U.S. Environmental Protection Agency,
used strictly in accordance with the manufacturer's directions
and properly labeled in accordance with the Hazardous
Chemical Information Act 16 Del. C. Chapter 24 (Right to
Know). The Material Safety Data Sheet (MSDS) for each
chemical should be kept at the pool.
All pools should have an automatic pH adjustment
chemical feeder. Any pool using gas chlorine, and any pool
with a documented history of pH level violations shall have
an automatic pH adjustment chemical feeder that: is NSF
listed; is approved by the Division; has approved anti-siphon
protection; and is wired such that it feeds only when the
recirculation pump runs (shall be done on all pools which are
in existence on the effective date of these Regulations when
either the chemical feeder or recirculation pump are
replaced). The manual addition of approved nondisinfectant
chemicals shall be permitted only in special
situations (e.g. trying to achieve water balance), which
require that the pool shall remain closed for at least one (1)
turnover and until such time as the chemical is thoroughly
and evenly dispersed throughout the pool.
26.606 Disinfection - All pools shall be disinfected
with an approved halogen that imparts an easily measured
residual and is fed through an automatic feeder that: is NSF
listed (with the exception of gas feeders); is approved by the
Division; has approved anti-siphon protection; is capable of
providing a dosage of at least ten (10) ppm for outdoor pools
and a dosage of five (5) ppm for indoor pools (shall be done
on an existing pool when the disinfectant feeder is replaced);
and is wired such that it feeds only when the recirculation
pump runs (shall be done on all pools which are in existence
on the effective date of these Regulations when either the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1696 FINAL REGULATIONS
disinfectant feeder or recirculation pump are replaced). A
flow-through (erosion) feeder shall feed only the
disinfectant(s) specified by the manufacturer. All shall add
the disinfectant downstream from the filter and heater. All
pool disinfectants shall be registered with the U.S.
Environmental Protection Agency and approved by the
Division. Manual addition of an approved halogen
disinfectant shall be permitted only in special situations (e.g.
superchlorination), which require that the pool be closed.
After this manual addition has been completed, the pool
shall remain closed: for at least one (1) turnover and until
such time as the chemical is thoroughly and evenly dispersed
throughout the pool; and the automatic feeder is operating
properly if it was not at the time of manual addition. Use of
gas chlorine shall be prohibited. Use of stabilized chlorine
(cyanuric acid) in indoor pools shall be prohibited. In order
for any non-halogen to be approved as a stand alone
disinfectant, satisfactory performance shall be demonstrated
during an NSF evaluation.
Pools using gaseous type chlorination shall comply with the
following requirements:
a. All gas chlorine shall be fed by use of a vacuum
injector system. Direct cylinder feed shall be prohibited.
b. All chlorine gas feed and storage shall be located at
or above ground level in a separate room used for nothing
else; and all openings from this room to any other rooms
shall be sealed.
c. The chlorine room shall be provided with a light
and a positive ventilation fan with a floor level discharge to
the outdoors that provides one complete air change per
minute and operates continuously while the pool is open.
d. The chlorine room shall have a shatter resistant
REQUIRED
Minimum
Level
Free Chlorine 0.5 ppm
Free Chlorine (Spa Pool) 1.0 ppm
Free Chlorine with 1.5 ppm
Cyanuric Acid
Free Chlorine with 2.0 ppm
Cyanuric Acid (Spa Pool)
Bromine 1.0 ppm
Bromine (Spa Pool) 2.0 ppm
Cyanuric Acid None
Combined Chlorine None
ORP** **650 mV
*required**(recommended)
NOTE - Pools using bromine should use ozone as a
supplementary disinfectant/oxidizer.
26.607 Water Testing Equipment and Sampling
Frequency - All pools shall have approved testing equipment
for pH, disinfectant residual, alkalinity, and calcium
inspection window and a door that opens outward to the
building exterior.
e. Light and fan switches shall be located outside the
chlorine room.
f. All chlorine cylinders shall be securely fastened or
restrained against falling and all chlorine cylinders in use
(connected to the feeder) shall be mounted on scales or
equipped with an automatic switchover device. All
cylinders should be stored in the chlorine room.
g. The chlorinator shall be vented outdoors above
grade and the vent shall be screened.
h. If floor drains must be installed, they shall
discharge outside of the building and shall not be connected
to any other drains.
i. The chlorine room temperature shall be at least
60°F at all times and shall be protected against excessive
heat.
j. A self contained breathing apparatus, and a bottle
of ammonia for leak detection, shall be kept readily
accessible at a location outside the chlorine room.
k. A gas chlorine warning sign shall be posted outside
the room.
l. A new seal shall be installed each time a cylinder is
changed.
m. A chlorine leak detection device with audible and
visual alarm should be provided.
All pools shall/should be disinfected in accordance
with the following requirements/ recommendations:
RECOMMENDED
RECOMMENDED Maximum
Level Level
1.0-3.0 ppm 5.0 ppm
2.0-5.0 ppm 10.0 ppm
1.5-3.0 ppm 5.0 ppm
2.0-5.0 ppm 10.0 ppm
2.0-4.0 ppm 6.0 ppm
3.0-6.0 ppm 10.0 ppm
30-50 ppm *100 ppm
0.0 ppm 0.2 ppm
**700-750mV
hardness. For disinfectant residual, the DPD (Diethyl-p-
Phenylene Diamine) method, or any other method in the
current edition of Standard Methods for the Examination of
Water and Wastewater, shall be used. If the disinfectant is
chlorine, the test kit shall be capable of measuring both free
and total chlorine residual. For pH, the phenol red
colorimetric method, or any other method in the current
edition of Standard Methods for the Examination of Water
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1697
and Wastewater, shall be used and the test kit shall have a
range of at least 6.8-8.2. In addition to these parameters,
pools that use a stabilized halogen shall have approved
cyanuric acid testing equipment.
All chemical test kit reagents shall be dated when
received, and shall be replaced just prior to the start of each
outdoor pool season, and at least yearly for indoor pools,
with the exception of phenol red which shall be replaced at
least every six (6) months.
pH and disinfectant residual shall be measured
daily, prior to the pool opening, and as often as necessary
while the pool is open (recommended every one (1) to two
(2) hours) in order to ensure the proper levels.
Alkalinity, calcium hardness and cyanuric acid (if
applicable) shall be measured after each addition of make up
water and at least weekly. All sample results shall be
recorded along with the date, time and sample location (area
of the pool). Records of sample results shall be kept at the
pool for at least one (1) year, shall be available for viewing
by any representative of the Division during a sanitary
survey and shall be submitted to the Division upon request.
If any other substance is added to the pool on a regular basis
(e.g., copper/silver from a supplemental disinfection
system), the Division may require testing to ensure that the
concentrations do not exceed acceptable levels.
26.608 Pool Water Level and Recirculation System -
When the pool is open, the water level shall be maintained at
an elevation suitable for continuous flow into the perimeter
overflow gutter or surface skimmers or intermittent flow into
the gutter as bathers enter. The recirculation system shall
operate continuously (24 hours per day), with the exception
of the automatic disinfectant feeder when the disinfectant
level approaches or exceeds the upper recommended level.
Within three (3) years of the effective date of these
Regulations (2003) each pool shall have its own
recirculation, filtration and disinfection system. All pools
shall have the capability of pumping water to waste either
directly or via filter backwash. A dye test should be
performed at least annually on every pool. The Division
may require a dye test to ensure that the recirculation system
is providing even and complete recirculation throughout the
pool.
26.609 Chemical Storage - All chemicals, including
test kits, shall be stored in accordance with the storage
recommendations on the manufacturer's label and the
MSDS, and they shall be stored in areas that are not easily
accessible to bathers or other unauthorized personnel. All
pools shall keep adequate quantities of chemicals on hand
such that shortages are not experienced. "NO SMOKING"
signs shall be conspicuously posted in all chemical storage
areas.
26.610 Wastewater Disposal - Cross connections
between the pool recirculation system and any wastewater
system, including the filter backwash drain, shall be
prohibited. The backwash discharge line shall terminate
above the drain entry point by a distance of at least twice its
diameter. All wastewater, including filter backwash water,
should discharge into facilities that are in compliance with
all appropriate state and local codes.
26.611Ozone - All ozone systems should be NSF listed.
SECTION 26.7 OPERATION, MAINTENANCE,
GENERAL SANITATION PERSONNEL,
SUPERVISIOIN AND SAFETY
26.701 Operation and Maintenance - All pools, their
premises, and appurtenances, shall be operated and
maintained at all times with regard to the safety of bathers
and employees. All plumbing shall be properly installed and
maintained. During an electrical storm, use of any pool
(indoor or outdoor) shall be prohibited. Alcoholic beverages
shall be prohibited in the pool and on the pool deck (area
required by Section 26.308). Food and beverages shall be
prohibited in the pool and within four (4) feet of the pool
edge. Glass or other breakable containers, utensils, etc.,
shall be prohibited within the pool fence, pool room or
bathhouse facilities. Pool walls and floors shall be
refinished when safe sanitary conditions cannot be
maintained. Any deck/walkway areas that are hazardous to
patrons or their bare feet (e.g., tripping, abrasions, splinters,
etc.) or do not properly drain, shall be repaired or replaced
such that the hazard or drainage problem is eliminated. Any
electrical hazard shall be eliminated. All pools that have a
slope break, shall install a line of contrasting color one (1) to
two (2) feet on the shallow side of the break directly under
the safety line that is either: solid and at least two (2) inches
wide or intermittent with sections that are at least four (4)
inches by four (4) inches and not more than one (1) foot
apart on centers. All pools which have steps or benches,
shall install a solid marking line of contrasting color which is
at least one (1) inch wide on the top surface edge of each
pool step or bench. All pools which have any type of
overflow gutter or a safety ledge with a submerged
protruding edge, shall install a solid marking line of
contrasting color which is at least one (1) inch wide on the
top surface edge of the gutter.
26.702 General Sanitation and Sanitary Facilities -
All pools and related facilities shall be maintained in a clean
sanitary condition. The pool floor, walls, deck, walkways
and bathhouse facilities shall be cleaned and disinfected with
an approved disinfectant as often as necessary in order to
maintain an environment which is free of sediment, dirt,
algae, grass/weeds and foreign objects. All garbage shall be
stored in containers which are sufficient in number and
properly covered so as not to attract vermin. Effective
control measures shall be utilized to minimize or eliminate
the presence of rodents, flies, roaches or other vermin. All
pools shall have at least one (1) permanent or portable water
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1698 FINAL REGULATIONS
closet for the lifeguard/attendant, which is accessible when
the pool is open and is located such that the path of travel
from the nearest pool entrance/exit does not exceed five
hundred (500) feet. If a portable water closet is provided, it
shall be properly vented, designed to exclude flies, equipped
with a self-closing door, provided with toilet tissue, and
maintained in a clean sanitary condition and. This water
closet should be located contiguous to the pool deck or pool
room.
26.703 Animals - With the exception of guide animals
for [persons with disabilities], animals shall be prohibited
within the pool fence, pool room or bathhouse facilities.
26.704 Bathing Suits - It is recommended that all
bathers should wear bathing suits. A bathing suit is should
be a garment designed for that purpose which covers the
buttocks (male and female) and breasts (female). If anyone
who is not toilet trained is going to use a pool, the operator
shall should take whatever steps are necessary to ensure that
fecal material does not enter the water (e.g. requiring the use
of a swimsuit diaper). Should fecal material enter any pool,
the pool shall be closed immediately and the operator shall
follow Division procedures for reopening.
26.705 [Employee/] Bather Health - [No person with
evidence of a communicable or contagious disease shall
be employed at a pool. No person with evidence of a
communicable disease, cough, cold, open sore or
bandaged wound shall be allowed to enter the pool water
except where certified by a physician not to have a
disease in the communicable stage. Any person with
evidence of an open sore, a bandaged wound or diarrhea
shall be prohibited from entering the pool water.] Any
person suspected of being under the influence of alcohol or
drugs shall be prohibited from entering the pool.
26.706 Lifeguard - Unless exempted by 16 Delaware
Code, each pool that is greater than 250 square feet (water
surface) or greater than four (4) feet deep (any portion) shall
have a lifeguard on duty when the pool is open. It is
recommended that there be a minimum of two (2) lifeguards
on duty when the pool is open and further recommended that
there be one (1) lifeguard per either: fifty (50) bathers; or
two thousand (2000) square feet of pool water surface; or
fractions thereof. If a lifeguard who is working alone must
leave poolside, for whatever reason, he/she shall take
whatever steps are necessary to ensure that no one remains in
or enters the water in his/her absence. Copies of training/
certification documentation for all lifeguards currently
employed by the pool's management shall be present at the
pool when it is open and should be available for viewing by
patrons. No person shall serve as a lifeguard unless he or she
meets all of the following training requirements and can
produce the appropriate documentation upon request of the
Division:
a. Current certification in National YMCA
Lifeguarding, or American Red Cross Basic Lifeguarding,
Ellis & Associates National Pool & Waterpark Lifeguard
Training, Aquatic Resource Service Associates Aquatic
Rescue Training or approved equivalent.
b. Current certification in American Red Cross,
American Heart Association or National Safety Council
(NSC) Cardiopulmonary Resuscitation (CPR), or approved
equivalent, that includes training in: one (1) person adult
CPR, child CPR and infant CPR.
c. Current certification in American Red Cross
Standard First Aid, or approved equivalent, that includes
training in: obstructed airway, artificial breathing, control of
bleeding and treatment of shock.
26.707 Attendant - If none of the pools at a facility
require a lifeguard based on surface area or depth, each pool,
with the exception of those exempted by Title 16 Delaware
Code, shall have an at least one (1) attendant with approved
training on duty when the pool is open. If an attendant who is
working alone must leave poolside, for whatever reason, he/
she shall take whatever steps are necessary to ensure that no
one remains in or enters the water in his/her absence. In
facilities with a spa pool(s) (SpP) only, if the attendant is not
in direct view of the pool, he/she shall be located such that
the poolside alarm required by Section 26.720 can be easily
heard. Copies of training/certification documentation for all
attendants currently employed by the pool's management
shall be present at the pool when it is open and should be
available for viewing by patrons. No person shall serve as
an attendant unless he or she meets all of the following
training requirements and can produce the appropriate
documentation upon request of the Division:
a. Current certification in American Red Cross,
American Heart Association or NSC Cardiopulmonary
Resuscitation (CPR), or approved equivalent that
includes training in: one person adult CPR, child CPR
and infant CPR.
b. Current certification in American Red Cross
Standard First Aid, or approved equivalent, that includes
training in: obstructed airway, artificial breathing,
control of bleeding, and treatment of shock.
[c. Within three (3) years of the effective date of
these Regulations (June 10, 2003) current
certification in American Red Cross Basic Water
Rescue, or approved equivalent.]
26.708 Lifeguard Warning Sign - Any exempted pool
or any pool with a maximum depth of four (4) feet that does
not have a lifeguard or attendant on duty shall conspicuously
post the following sign at the pool entrance(s) and at least
one (1) other location inside the pool room/fence:
"WARNING NO LIFEGUARD ON DUTY" in letters at
least four (4) inches high along with "CHILDREN UNDER
THE AGE OF SIXTEEN (16) SHOULD BE
ACCOMPANIED BY A PARENT OR GUARDIAN" in
letters at least one (1) inch high. (NOTE - A guardian is an
adult designated by a parent who is responsible for the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1699
children and their behavior).
26.709 Lifeguard Stand - All pools with a water
surface area greater than two thousand (2000) square feet
shall have at least one (1) lifeguard stand and additional
stands should be provided based on each additional two
thousand (2000) square feet or fraction thereof. The
lifeguard stand shall be at poolside, however, no part of the
stand shall extend past the edge of the pool. The lifeguard
stand seat should be four (4) to six (6) feet above the pool
deck.
26.710 Unsupervised Solo Bathing - Unsupervised
solo bathing shall be prohibited at all pools with the
exception of those exempted by 16 Delaware Code.
Maximum Bathing Load - In SwP pools, the
maximum bathing load shall be based on one (1) bather per
twenty-five (25) square feet of pool water surface. If a
diving board is present and in use, the three hundred twenty
(320), three hundred sixty (360) or four hundred (400)
square feet of diving board water entry area per device
(Sections 26.110 and 26.320) shall not be included in
computing the maximum bathing load. If a swimming pool
slide is present and in use, the two hundred fifty-six (256)
square feet of swimming pool slide water entry area (Section
26.135) shall not be included in computing the maximum
bathing load.
26.711 Injury, Resuscitation or Death - The Division
shall be notified within twenty-four (24) hours of any
incident at a pool which: requires referral to a hospital,
doctor or other facility for medical attention; requires
resuscitation; or results in death. The notification shall be
followed up by a written report within thirty (30) days which
contains all pertinent details of the incident.
26.712 Pool Security - All entrances to indoor pools
shall be equipped with locks and each entrance shall be
locked when the pool is closed. All outdoor pools shall be
enclosed by a fence which provides a barrier that is at least
four (4) feet high everywhere [six (6) feet recommended],
measured from ground level outside the fence. All pool
fences shall be equipped with a locking gate which shall be
locked when the pool is closed.
26.713 Depth Markings - With the exception of
wading pools and spa pools, the water depth of all pools, in
feet to the nearest one half (1/2) foot, shall be plainly marked
at or above the water surface on the vertical pool wall, and
on the coping or deck within eighteen (18) inches of the pool
edge. For pools with open gutters, the depth marking
required on the vertical pool wall may be located on the wall
of the room for indoor pools, and on the fence for outdoor
pools. These pairs of depth markings shall be located at the
points of minimum depth, maximum depth, intermediate
depths at no more than two (2) foot depth increments with
one (1) foot increments recommended, breaks in slope and
on each end of the pool. All depth markings shall be at least
four (4) inches high, of a contrasting color and spaced no
more than twenty-five (25) feet apart on the pool perimeters.
Markings on the pool walls shall be positioned to be read
from the water. Markings on the deck shall be positioned to
be read while standing on the deck and facing the pool and
shall be slip resistant.
26.714 Safety Line - Whenever non-swimmers are in
the water, all pools that have a slope break shall have a
safety line located at least one (1) foot and not more than two
(2) feet on the shallow side of the slope break, directly above
the line on the bottom required by Section 26.701. The
safety line shall have clearly visible colored floats spaced not
more than five (5) feet apart. The safety line shall be of
sufficient size and strength to provide a handhold which will
support any bather who is in need of help and the
connections to the pool wall shall be recessed.
26.715 Safety Equipment - All pools shall have the
following safety equipment which shall be easily accessible:
a. A telephone, within or immediately adjacent to
the pool fence or room, with appropriate emergency
numbers posted nearby. Pay telephones are acceptable if
they do not require coins in an emergency. In lieu of a
telephone, a manually activated emergency alarm system
that alerts someone else to dial the telephone is acceptable.
All of the above must be able to send and receive calls.
b. Two blankets.
c. A first aid kit with the current edition of the
American Red Cross standard first aid book or equivalent.
The kit should include at least the following: soap, ice packs,
bandaids, compresses (2"x2" and 4"x4"), gauze roller
bandages, two (2) triangle bandages, surgical gloves and a
mouth to mouth mask.
In addition to the above, all SwP pools without a
lifeguard on duty (those exempted by 16 Delaware Code)
shall also be equipped with the following safety equipment
which shall be easily accessible:
d. One (1) or more lightweight poles at least
twelve (12) and not more than fifteen (15) feet long, and
equipped with a shepherd's hook.
e. One ring buoy at least eighteen (18) to twentyfour
(24) inches in diameter attached to at least fifty (50) feet
of rope.
In addition to the above, all SwP pools with a lifeguard
on duty shall also be equipped with the following safety
equipment that shall be easily accessible:
f. One rigid backboard (long board) with at least
three (3) attached ties/straps which is compatible for
transport in the Delaware State Police MED-E-VAC
helicopter, meets the design requirements of Emergency
Medical Services, and is approved by the Division. Six (6)
attached ties/straps are recommended. If a pool, because of
size, will not accommodate a long board being placed under
a bather, a reduced backboard (short board) with at least one
(1) tie/strap may be substituted. Current specification
requirements for backboards are available upon request from
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1700 FINAL REGULATIONS
the Division. (NOTE - This is not required for exempted
pools that operate without a lifeguard).
g. In place of the ring buoy, at least one (1) rescue
tube for each lifeguard on duty. (NOTE - This is not
required for exempted pools that operate without a
lifeguard).
26.716 Diving - With the exception of official
competition or when there is qualified instruction, diving
shall be prohibited into water that is five (5) feet deep or less.
At SwP and WSF splash pools, all areas where the water is
five (5) feet deep or less shall be clearly labeled "No Diving"
on the coping (edge of the deck). For indoor pools, the "No
Diving" markings may be approved on the walls of the room
if it can be demonstrated that it is not feasible to provide
them on the edge of deck. The "No Diving" markings shall
be: of a contrasting color; easily readable; slip resistant and
at least four (4) inches high consisting of the words "No
Diving," the words "No Diving" in combination with the
picture (international) sign (diver inside a red circle with a
red line across), or other approved markings. The number of
markings shall be at least equal to the number of depth
markings within the "No Diving area" and shall be spaced no
more than twenty-five (25) feet apart on the perimeter of the
"No Diving" area.
26.717 Shallow End Starting Blocks - Shallow end
starting blocks (water depth that is five (5) feet or less) shall
be removed when there is no official competition, instruction
or practice. Shallow end starting blocks that are not
removable shall be labeled "starting blocks shall be used
only during official competition or when there is qualified
instruction."
26.718 Wading Pool Supervision - It is recommended
that all children using a wading pool should be
supervised by a responsible person who is at least sixteen
(16) years of age.
26.719 Attendant Alarm - Any SpP pool, with the
exception of those at facilities exempted by Title 16
Delaware Code, which is located such that it is not in direct
view of the attendant shall have, in the immediate vicinity of
the pool, a clearly labeled alarm device that can be activated
when a bather is in trouble and is easily heard throughout the
area or building. This alarm shall product a distinctly
different sound than that of the high temperature alarm.
26.720 Spa Pool Warning Sign - A clearly visible sign
shall be mounted at the entrance of each SpP pool
facility or adjacent to each SpP pool and shall include, but is
not limited to, the following:
a. All bathers should take a shower prior to
entering.
b. Enter and exit slowly and cautiously.
c. Unsupervised solo bathing is prohibited.
d. Use by anyone under sixteen (16) years of age
is prohibited unless there is documented written permission
from his or her physician.
e. Elderly persons and anyone with heart disease,
diabetes, high or low blood pressure, or anyone under a
physician's care should not enter without consulting with
their physician.
f. Pregnant women should not enter unless the
temperature is less than 102°F.
g. Hot water immersion while under the influence
of alcohol, anticoagulants, antihistamines, vasoconstrictors,
vasodilators, stimulants, hypnotics, narcotics or tranquilizers
may be hazardous to your health and is prohibited.
h. Observe a fifteen (15) minute time limit, then
shower, cool down and return if your wish. Longer
exposures to this water may result in nausea, dizziness or
fainting.
i. Do not submerge to the bottom of the pool, hair
may become entangled in bottom outlet. Long hair should
be tied in a knot or a bun in order to keep it out of the water.
j. No body lotions or oils are permitted.
26.721 Spa Pool Timer Switch - All SpP pools shall
have a clearly labeled reversible aeration/jetting system
timer switch with a fifteen (15) minute time limit located in
the pool area but such that it cannot be reset from within the
pool.
26.722 Spa Pool Temperature/High Temperature
Prevention System - The water temperature in SpP pools
should not exceed 100°F and shall not exceed 104°F. All
spa pools shall have a thermometer that is measuring the
current water temperature and the temperature should be
checked and recorded at least hourly when the pool is open.
If the thermometer is in the pool, it shall be non-glass and
tethered. All SpP pools shall be equipped with an approved
system that will ensure that the water does not exceed 104°F
(e.g. a high temperature alarm, an automatic heater shut off
device, etc.). The alarm shall produce a distinctly different
sound than that of the attendant alarm. If there is a
documented history of high temperature violations, the high
temperature prevention system shall be replaced/upgraded.
The Division may test the high temperature prevention
system to ensure proper operation.
26.723 Spa Pool Clock - A clock that is easily readable
from the SpP pool shall be provided.
26.724 Water Slide Flume - Head of the Flume
Personnel - At least one person who meets the training
requirements of Section 26.707a shall be stationed at the
head of the flume to supervise and control the start of each
slider, the spacing of sliders and the monitoring of the
downward progress of each slider.
26.725 Water Slide Flume - Splash Pool Attendant - At
least one attendant shall be stationed near the end of
the flume/run-out slide to supervise and control the sliders as
they arrive. Additional attendants shall be required at the
discretion of the Division.
26.726 Ventilation - All bathhouse rooms, equipment
rooms, chemical storage rooms and indoor pool rooms shall
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FINAL REGULATIONS 1701
be provided with adequate natural or mechanical ventilation
such that satisfactory indoor air quality is maintained.
26.727 Cartridge Filtration - All pools with cartridge
filtration systems shall have at least one (1) spare cartridge
for each cartridge in use, which is clean and ready for
installation, along with at least one (1) vat which is capable
of submerging all of the cartridges from one filter vessel.
Pools with modular media cartridge filtration shall have at
least one (1) spare cartridge for each type of cartridge in use,
which is clean and ready for installation. When cartridges
become clogged to the extent that cleaning does not restore
them or they become damaged, they shall be discarded.
SECTION 26.8 WADING POOLS
26.801 General Requirements - Except as otherwise
noted previously and in this Section, WP pools shall comply
with all other requirements of these Regulations.
26.802 Location - WP pools which are installed in
conjunction with a SwP pool shall be located adjacent to the
shallowest area of the SwP pool and shall be at least ten (10)
feet away. If any part of the SwP pool is greater than five (5)
feet deep the WP pool shall be located at least twenty (20)
feet away.
26.803 Floor/Slope - The slope of a WP pool floor
shall not exceed six (6) inches in ten (10) feet (6"/10') and
the floor shall be slip resistant.
26.804 Fencing - All WP pools which are indoors or
within the confines of another pool fence shall be surrounded
by a fence which is at least three (3) feet high and is
equipped with a gate.
26.805 Recirculation System - The WP pool
recirculation system shall be capable of providing a
minimum of twenty-four (24) turnovers of the pool volume
per day [one (1) every hour] against the maximum lead.
26.806 Floor Outlets/Drains - All WP pools shall be
provided with at least one (1) of the following connected to
the recirculation system and capable of draining the pool:
two (2) antivortex floor outlets/drains as far apart as possible
on the same line with a flow control valve; one (1) antivortex
floor outlet/drain connected to the skimmer line with no
individual flow control valves prior to the pump; or another
approved fitting. The velocity of the water entering the
outlet/drain should never exceed one and one half (1-1/2)
feet per second.
26.806 Perimeter Overflow Gutters and Surface
Skimmers - All WP pools shall be equipped with either a
perimeter overflow gutter or at least one skimmer which is
connected to the recirculation system and effectively remove
any floating material. For WP pools that are greater than
five hundred (500) square feet of water surface, one (1)
additional skimmer shall be provided for each additional
(500) square feet of pool water surface or fraction thereof.
Under normal operating conditions the total flow rate
through the skimmers should be one hundred (100) percent
of the design flow rate.
26.807 Inlets - All WP pools shall have at least two (2)
inlets and in WP pools where only one (1) skimmer is
required, the inlets shall be located such that they direct
water toward the skimmer.
26.808 Water Replacement - The entire WP pool water
volume should be replaced on at least a weekly basis either
by normal backwashing or by pumping directly to waste.
SECTION 26.9 SPA POOLS
26.901 General Requirements - Except as otherwise
noted previously and in this Section, SpP pools shall comply
with all other requirements of these Regulations.
26.902 Location - A SpP pool shall be at least eight (8)
feet away from any other pool.
26.903 Decks and Walkways - A deck at least four (4)
feet wide shall be provided around at least fifty (50) percent
of the perimeter of a SpP pool. If the SpP pool is free
standing and not higher than thirty six (36) inches, the deck
may be at floor level.
26.904 Steps and Benches - SpP pools which are
greater than twenty-four (24) inches deep shall have at least
one (1) step with at least one (1) handrail (two (2) are
recommended) and all steps shall be located at a point where
the deck is at least four (4) feet wide. The step tread shall be
at least ten (10) inches deep and at least twelve (12) inches
wide, and the step riser shall be at least seven (7) inches and
not be more than twelve (12) inches high. When the bottom
tread also serves as the bench, the height above the pool
floor shall not exceed fourteen (14) inches. The first and last
risers need not be uniform. Intermediate risers, however,
shall be uniform in height. Benches that are installed in SpP
pools shall be permanent and the depth of water over the
bench shall not exceed twenty-four (24) inches. The top
surface edge of all benches and steps shall be outlined in
contrasting color by a marking line at least one (1) inch
wide.
26.905 Fencing - SpP pools that are installed inside the
confines of another pool fence are not required to be fenced.
26.905 Recirculation System - The SpP pool
recirculation system shall be completely separate from the
air/water jet system and shall be capable of providing a
minimum of ninety-six (96) turnovers of the pool volume per
day [one (1) every fifteen (15) minutes] against the
maximum head.
26.906 Floor Outlets/Drains - All SpP pools shall be
provided with at least one (1) of the following connected to
the recirculation system and capable of draining the pool:
two (2) floor outlets/drains as far apart as possible on the
same line with a flow control valve; one (1) floor outlet/drain
connected to the skimmer line with no individual flow
control valves prior to the pump; or another approved fitting.
The velocity of the water entering the outlet/drain should
never exceed one and one half (1-1/2) feet per second.
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1702 FINAL REGULATIONS
26.906 Perimeter Overflow Gutters and Surface
Skimmers - All SpP pools shall be equipped with either a
perimeter overflow gutter or at least one skimmer which is
connected to the recirculation system and effectively
removes any floating material. If the second option in
26.907 is chosen, any approved through the wall skimmer
with a weir may be used.
26.907 Inlets - All SpP pools shall have at least two (2)
inlets which are connected to the recirculation system and in
SpP pools where only one (1) skimmer is required, the inlets
shall be located such that they direct water toward the
skimmer.
26.908 Air Jetting System - All air jetting (blower)
systems shall have a raised loop or some other approved
method to prevent water backup that could cause electrical
shock hazards.
26.909 Water Replacement - The entire SpP pool
water volume should be replaced on at least a weekly basis
either by normal backwashing or by pumping directly to
waste.
SECTION 26.10 WATER SLIDE FLUMES
26.1001 General Requirements - Except as otherwise
noted previously and in this Section, WSFs shall comply
with all other requirements of these Regulations.
26.1002 Splash Pool Design and Depth - In order to
facilitate prompt, safe exiting by bathers, all splash pools
shall have either a set of steps along the entire length of the
exit side (side opposite the flume terminus), or a floor that
slopes upward to meet the water surface. The steps or
upward sloping floor shall have one (1) handrail per flume or
one (1) handrail every seven (7) feet, whichever is greater.
Ladders shall be prohibited. The depth of the splash pool at
the flume end shall be at least three (3) feet and not more
than four (4) feet, and this depth shall be maintained for at
least twenty (20) feet in front of the flume end. The floor
slope shall not exceed one (1) foot in seven (7) feet and all
slopes shall be constant.
26.1003 Flume End - Flumes shall terminate either at a
depth of at least six (6) inches below the splash pool
operating water level, or not more than two (2) inches above
the splash pool operating water level, provided the flume is
level for at least the last ten (10) feet. The distance between
the side of any flume end and the side of the splash pool shall
be at least five (5) feet. The distance between the sides of
adjacent flumes shall be at least six (6) feet and adjacent
flumes utilizing the same splash pool shall be parallel at the
ends.
26.1004 Decks and Walkways - A deck at least ten (10)
feet in width shall be provided along the entire exit side of
the splash pool. All walks and steps from the exit side to the
top of the flume shall be: at least four (4) feet wide;
constructed of concrete or other slip resistant material
approved by the Division; smooth, easily cleanable and
properly maintained; and separated from any flume by a
physical barrier such that people on the walks or steps cannot
reach the flumes.
26.1005 Recirculation System - The WSF recirculation
system shall be capable of providing a minimum of twentyfour
(24) turnovers of the splash pool and pump reservoir
volume per day [one (1) every hour] against the maximum
head.
26.1006 Pump Reservoirs - Pump reservoirs shall be
separate from the splash pool, shall be made of concrete or
other impervious material with a smooth slip-resistant finish,
and shall be connected to the splash pool by a weir. The
minimum pump reservoir volume shall be equal to five (5)
minutes of the combined flow rate in gpm of all water slide
flume pumps. Pump reservoirs shall be accessible only to
authorized individuals. Access decks shall be provided. The
pump intake(s) shall be located in the pump reservoir and
shall be designed to allow cleaning without danger of
operator entrapment. The pump intake(s) shall be located in
the pump reservoir and shall be designed to allow cleaning
without danger of operator entrapment. The pump reservoir
shall have a minimum of one (1) main drain with separate
piping and valve to the filtration system. Pumps shall have
check valves on all discharge lines.
26.1007 Perimeter Overflow Gutters and Surface
Skimmers - All splash pools and pump reservoirs shall have
either perimeter overflow gutters or surface skimmers which
effectively remove any floating material and are connected
to the recirculation system. Where perimeter overflow
gutters are used, they are not required along the weirs or
under the flume end. Where surface skimmers are used, one
(1) shall be in the splash pool and one (1) shall be in the
pump reservoir. Where an odd number of surface skimmers
are required they shall be positioned appropriately based on
the size of the splash pool and pump reservoir.
26.1008 Disinfection - WSF pools may be permitted to
manually add a halogen disinfectant, in addition to the
automatic feeder, if it can be done somewhere other than the
flume or splash pool.
SECTION 26.11 SPECIAL PURPOSE POOLS
26.1101 General Requirements - Child care facility
pools and other pools that do not fit into the categoriesSwP,
WP, SpP, or WSF, of Section 26.123 because of the design,
size, usage, or other factors, shall be classified as SpPP by
the Division, provided that the design is within the limits of
sound engineering practice. The Division shall require
compliance with any Sections of these Regulations which
are deemed necessary, to assure the health and safety of
SpPP pool bathers.
SECTION 26.12 PROCEDURE FOR
ADMINISTRATIVE ACTION
26.1201 Operating Without a Permit - If a pool is found
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1703
operating without a valid permit, as required by Section
26.204, the Division Director shall issue a written notice for
order immediate closure. This notice shall be delivered to
either the lifeguard/operator or the person in charge. This
closure shall be effective upon delivery receipt of the a
written notice by the person in charge of the pool. and a
closure notice statement on the sanitary survey report
constitutes a written notice. A sign stating that the pool is
closed may be posted at the bather entry point(s) and this
sign shall be removed only by, or with the consent of the
Director. Within five (5) days of receipt of this closure
notice, The person in charge may request a hearing before
the Director. If a hearing is requested, it shall be scheduled
within ten (10) days. At least five (5) days prior to hearing,
the person in charge shall be notified of the date, time and
place. The pool shall remain closed until submission, review
and approval of plans, followed by a sanitary survey
confirming compliance with these Regulations and issuance
of an operating permit. A conspicuous, colored placard shall
be prominently displayed at all entrances of the pool which
has failed to obtain a valid permit. If plans and specifications
for the pool have been previously approved by the Division,
the pool may reopen when approval of the Director has been
granted and a permit has been issued. If there is not record
of a Certificate of Approval, plans and specification shall be
submitted in accordance with Section 26.202.
26.1202 Suspension of a Permit - If some conditions
exist at a pool that represent an immediate imminent health
hazard to the public, the Director Division may suspend the
operating permit and order immediate closure and issue a
written notice for immediate closure, without a hearing upon
written notice for a period not to exceed ten (10) fifteen (15)
days. This notice shall be delivered to either the lifeguard/
operator or the person in charge. The suspension shall be
effective upon delivery receipt of written the notice by the
person in charge and a closure notice suspension statement
on the sanitary survey report constitutes a written notice.
The person in charge shall yield the permit to the Division.
This written notice shall state the reason(s) for the
suspension/closure and the person in charge shall be
requested to yield the permit to the Director. A sign stating
that the pool is closed may be posted at the bather entry
point(s) and this sign shall be removed only by, or with the
consent of the Director. A suspension/closure notice shall be
issued for any of the following conditions:*
a. The clarity of the water is not in compliance
with the provisions of Section 26.603.
b. The bacteriological quality of the pool water is
not in compliance with the provisions of Section 26.604.
c. The pH of the pool water is less than 7.2 or
greater than 7.8.
d. The automatic disinfection system is not
functioning properly, or, there is no automatic disinfection
system or disinfectant present.
e. The free chlorine residual is less than the level
specified in Section 26.606.
f. The bromine residual is less than the level
specified in Section 26.606.
g. The cyanuric acid level is greater than one
hundred (100) ppm.
h. The recirculation pump is not operating or not
present.
i. The filter is not operating or not present.
j. There is no qualified lifeguard or attendant on
duty (unless exempted by 16 Delaware Code).
k. The water temperature exceeds 104°F in a spa
pool.
l. There is a bare electrical wire or other obvious
electrical hazard present.
m. The lighting is not in compliance with the
provisions of Section 26.310 and because of this, the
following are not clearly visible without glare from the deck:
the main drain(s) and all bottom markings; or a black disk
six (6) inches in diameter superimposed upon a white field
and placed on the bottom at the deepest point.
n. A bottom drain cover/grate is missing, broken,
or not properly secured.
o. An authorized representative of the Division is
denied immediate access to the pool pursuant to Section
26.207.
p. Fecal material is discharged into the pool
water. (NOTE-Contact the Division for the current
procedure for handling fecal contamination).
q. The facility fails to provide an approved pool
operator pursuant to Section 26.205.
r. There is any other condition, or combination of
conditions which may endanger the health, safety, or welfare
of the bathers.
*If the person in charge, the pool operator or the
lifeguard/attendant determines that any of the above
conditions exist, they shall immediately close the pool. The
Division shall be notified of the closure and the pool shall
remain closed until the condition is satisfactorily corrected.
Within five (5) days of receipt of a suspension
notice, The person in charge of the pool may request in
writing, to the Division at any time during the suspension, a
sanitary survey for the purpose of showing that the imminent
health hazard no longer exists. The person in charge of the
pool may also request, in writing, to the Division at any time
during the suspension, an administrative hearing to
challenge the findings of the sanitary survey that resulted in
the pool closure. When the Division determines that the
imminent health hazard no longer exists, the suspension
shall be terminated and the permit returned. If the Division
determines that the imminent health hazard has not been
corrected and that the hazard still exists, the suspension
remains in force pending a hearing and the Division may
recommend that the permit be revoked. a hearing before the
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1704 FINAL REGULATIONS
Director for the purpose of demonstrating that the imminent
public health hazard no longer exists. If a hearing is
requested, it shall be scheduled within ten (10) days. At least
five (5) days prior to the hearing, the person in charge shall
be notified of the date, time and place. After the hearing, if
the Director determines that the public health hazard no
longer exists, the suspension shall be immediately lifted. If,
however, the Director determines that the public health
hazard still exists, the suspension shall continue, and the
Director may recommend that the permit be revoked. The
person in charge may appeal the decision of the Director to
the Secretary, DHSS. However, any such appeal does not
stay the decision. This appeal must be in writing and must
be filed with the offices of the Secretary, DHSS, in Dover,
Delaware within ten (10) days of the Director's decision.
The Secretary, DHSS, shall hear this appeal at the earliest
opportunity.
26.1203 Administrative Hearings for Serious Violations
and Repeat Violations - If any condition listed in Section
26.1202 is not corrected within fifteen (15) days or if there
are repeated violations of any provision of these
Regulations, the person in charge of the pool requests a
hearing pursuant to 26.1202, the Division Director shall
schedule an administrative hearing within ten (10) days of
the request of such a determination. The purpose of the
hearing is to determine if the suspension should be lifted. At
least five (5) days prior to the hearing, the person in charge
of the pool shall be notified of the date, time, place, and the
specific reason(s) for the hearing. After this hearing the
Director may establish a compliance schedule, suspend the
permit for a period not to exceed ninety (90) days or may
recommend revocation of the permit. Failure of the person
in charge to be present for an administrative hearing shall
result in automatic suspension of the permit and
recommendation for revocation to the Secretary, DHSS. The
person in charge may appeal the decision of the Director to
the Secretary, DHSS. However, any such appeal does not
stay the decision. This appeal must be in writing and must
be filed with the office of the Secretary, DHSS in Dover,
Delaware within ten (10) days of the Director's decision.
The Secretary, DHSS shall hear this appeal at the earliest
opportunity.
26.1204 Serious Violations, Repeat Violations and
General Unsanitary Conditions - If serious violations,
repeat violations, or general unsanitary conditions exist, the
Division may issue and properly serve due notice, by
certified mail or by hand delivery, of the intention of the
Division to suspend or revoke the permit of a pool. The
Division shall, not suspend or revoke a permit of a pool for
serious or repeated violations that do not present an
imminent health hazard, without having first issued and
properly served such notice of intent to suspend or revoke.
Within thirty (30) days of the date of such notice of intent to
suspend or revoke, the permit holder may submit to the
Division a written request for an administrative hearing. The
suspension or revocation shall commence upon expiration of
the notice of intent, unless within thirty (30) days of the date
of such notice, the Division receives from the permit holder
a written request for an administrative hearing. If the permit
holder makes a timely request for an administrative hearing,
the suspension or revocation shall be stayed pending the
results of the hearing. A conspicuous, colored placard shall
be prominently displayed at all entrances of a pool whose
permit stands suspended or revoked.
26.1205 Pool Permit Holder Right to an Administrative
Hearing - Upon due notice that the Division intends to
suspend or revoke the permit of a pool as indicated in
26.1204, or for other reasons to protect public health, the
permit holder may submit to the Division, within thirty (30)
days of the date of such notice of intent, a written request for
an administrative hearing. When an administrative hearing
is scheduled, the permit holder of the pool shall be informed
at least five (5) days prior to the hearing of the place, time
and date of the hearing and the specific charges against the
pool. Notification of the hearing shall be by certified mail or
by hand delivery. Failure of the permit holder to be present
for an administrative hearing shall result in automatic
suspension of the permit and recommendation for
revocation.
26.1206 Records of Administrative Hearings - Records
shall be made of all hearing proceedings and shall become
documents of record. A written report of the hearing
decision shall be furnished by the Division to the permit
holder of the pool to the Secretary, DHSS, the Office of
Health Systems Protection and the person in charge of the
pool within ten (10) days following the hearing.
26.1207 Reapplication After Revocation - The person in
charge of a pool may make written application for a new
permit ninety (90) days after the revocation of a permit has
become final.
SECTION 26.13 ENFORCEMENT AND
INTERPRETATION
No provisions of Sections 26.3, 26.4, 26.5, 26.8, 26.9,
26.10 of these Regulations shall be applied retroactively, or
interpreted to require reconstruction, alteration or
replacement of a pool, or any part of a pool, which has been
approved by the Division and which has been installed or is
under construction. If, however, a pool or any part of a pool
is reconstructed, altered or replaced, or if a private pool is
converted to a public pool after the effective date of these
Regulations, this conversion, reconstruction, alteration or
replacement shall meet all of the provisions of these
Regulations.
SECTION 26.14 PENALTY
Any person who neglects or fails to comply with the
requirements of these Regulations shall be subject to the
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FINAL REGULATIONS 1705
provisions of penalty as provided in 16 Delaware Code
Section 107, and shall be fined not less than $100 and not
more than $1000, together with the costs, unless otherwise
provided by law.
SECTION 26.15 REPEAL, DATE OF EFFECT AND
AMENDMENTS
All regulations or parts of Regulations in conflict with
these Regulations are hereby repealed, and these Regulations
shall be in full force and effect on the date of adoption by the
Secretary, DHSS. The Secretary, DHSS, may propose
changes to the Regulations herein established and shall hold
at least one public hearing on the proposed changes. At least
thirty (30) days in advance of the public hearing, notice of
proposed changes shall be published in at least two
newspapers of general circulation in the State. Notice shall
include a brief synopsis of the changes to be made,
information on when and where the proposed changes may
be reviewed by the public, the procedure for submitting
comments, and the time, date and location of the public
hearing. A hearing officer shall be appointed by the
Secretary, DHSS, and a record shall be kept of the hearing.
SECTION 26.16 SEPARABILITY
If any provision of these Regulations should be declared
invalid for any reason, the decision shall not affect the
remaining provisions, which shall remain in full force and
effect, and to this end, the provisions of the Regulations are
hereby declared separable.
APPENDIX A
All chemicals in pool water affect the tendency of the
water to be corrosive or to deposit a calcium carbonate scale.
It is possible to control these two (2) conditions through the
use of the Langelier Index (L.I). The index was developed in
1936 by Professor W. F. Langelier at the University of
California (Berkeley). It expresses the relationship between
pH, alkalinity, calcium hardness and temperature. The
resulting number (formula method - below) or position on
the nomograph (nomograph method - Appendix B) indicates
whether the pool water is chemically "balanced." In theory,
pool water that is "balanced" will neither corrode nor deposit
a scale.
LANGELIER INDEX/WATER BALANCE
FORMULA METHOD
"Balanced" pool water has an L.I. between -0.3 and +0.3.
An L.I. that is greater negatively than -0.3 indicates a
corrosive water and an L.I. greater than +0.3 indicates a
water that will deposit scale. After determining the pool
water pH, alkalinity, calcium hardness and temperature, find
the alkalinity factor (AF), calcium hardness factor (CHF)
and temperature factor (TF) using the table below. Use the
pH and these three (3) factors in the following equation:
L.I. = pH + AF+ CHF + TF - 12.1
FACTORS NECESSARY TO CALCULATE THE L.I.
Alkalinity Hardness Temp. (°F)
Factor Factor Factor
Calcium
5 ppm 0.7 5 ppm 0.3 32 0.1
25 ppm 1.4 25 ppm 1.0 37 0.1
50 ppm 1.7 50 ppm 1.3 46 0.2
75 ppm 1.9 75 ppm 1.5 53 0.3
100 ppm 2.0 100 ppm 1.6 60 0.4
150 ppm 2.2 150 ppm 1.8 66 0.5
200 ppm 2.3 200 ppm 1.9 76 0.6
300 ppm 2.5 300 ppm 2.1 84 0.7
400 ppm 2.6 400 ppm 2.2 94 0.8
800 ppm 2.9 800 ppm 2.5 104 0.9
SAMPLE PROBLEM
A pool water has the following characteristics: pH-7.4;
alkalinity-50; calcium hardness-50 ppm; temperature-78°F.
Using the tables above, the factors are 1.7 for alkalinity, 1.3
for calcium hardness; and 0.6 for temperature. Using the
formula:
L.I. - 7.4 + 1.7 + 1.3 = 0.6 - 12.1 + -1.1
This pool water is not balanced and is corrosive. The
pH is within the required range and almost ideal, however,
the alkalinity and calcium hardness should be much higher
(see Appendix B). Alkalinity can be raised by adding
sodium bicarbonate (baking soda) and lowered by adding
muriatic acid or sodium bisulfate (dry acid). Calcium
hardness can be raised by adding calcium chloride but can
only be lowered by replacing part or all of the pool water
with lower calcium hardness water.
APPENDIX B
LANGELIER INDEX/WATER BALANCE
NOMOGRAPH METHOD
Measure the pool water pH, alkalinity and calcium
hardness. The pH must be 7.2 - 7.8 pH can be raised by
adding sodium carbonate (soda ash) and can be lowered by
adding carbon dioxide (CO2), muriatic acid or sodium
bisulfate (dry acid). Using the 104°F pH scale for spa pools
and the 76°F pH scale for other pools, use a straight edge to
line up the pH and alkalinity readings. The point where this
extended line intersects the calcium hardness line is the level
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1706 FINAL REGULATIONS
of calcium hardness needed for the water to be balanced. Do
the same for pH and calcium hardness to get the alkalinity
level needed for balance. The alkalinity and calcium
hardness levels needed should be within the recommended
ranges. Alkalinity can be raised by adding sodium
bicarbonate (baking soda) and lowered by adding muriatic
acid or sodium bisulfate (dry acid). Calcium hardness can be
raised by adding calcium chloride but can only be lowered
by replacing part or all of the pool water with lower calcium
hardness water.
DEPARTMENT OF INSURANCE
18 DE Admin. Code 906
Statutory Authority: 18 Delaware Code,
Sections 311, 2501, 2304(15)(c), and 2312 (18
Del. C. §§ 311, 2501, 2304(15)(c), and 2312 )
ORDER
Public hearings were held on January 13, 17, 24 and 29
and April 22, 2003 to receive comments on proposed
Regulation 906 (formerly numbered as Regulation 87)
relating to the use of credit scoring or personal credit
information by insurers selling personal lines of automobile
and homeowners insurance in the State of Delaware. By my
order of January 8, 2003,F.L. Peter Stone, Deputy Insurance
Commissioner, was appointed hearing officer to receive
comments and testimony on the proposed regulation. Public
notice of the hearings and publication of proposed
Regulation 906 in the Register of Regulations and two
newspapers of general circulation was in conformity with
Delaware law.
Summary Of The Evidence And The Information
Submitted
The summary of the evidence and the information
submitted as set forth in the FINAL REPORT AND
RECOMMENDATION OF THE HEARING OFFICER
dated May 14, 2003 is incorporated into this Order. Michael
J. Rich, Deputy Attorney General, acted as counsel for the
Delaware Insurance Department. Thirty-one documents
were admitted into evidence as exhibits over the course of
five separate hearing days. At least eighty persons attended
the hearings (some attending more than once). The people in
attendance represented a cross-section of insurance company
representatives, insurance trade representatives, agents, and
consumers. The persons testifying and the documents
submitted on behalf of the insurance industry were generally
supportive of the regulation and the need for regulatory
standards. Most consumers opposed the use of credit
scoring by insurance companies. However, given the
widespread use of credit scoring in all other states and the
District of Columbia except for Maryland and Hawaii, most
consumers argued alternatively for control over the use of
credit scoring. From the time the proposed regulation was
first published on November 1, 2002 for public comment,
there has been a significant amount of written comment
received by the Department. Most of the comment has been
favorable for regulatory control generally and in support of
the proposed regulation in particular.
Findings Of Fact With Respect To The Evidence And
Information
I find that the hearing officer's FINDINGS OF FACT
are well grounded in the record and are incorporated into this
order. I further find that his proposed changes to the
regulation as published on April 1, 2003 are technical and
non-substantive. The proposed changes are designed to
improve the clarity of the regulation and promote uniform
interpretation of its terms and are such that re-publication is
not required under 29 Del. C. § 10113(b)(4).
With respect to the specific changes proposed by the
hearing officer I find as follows:
1. The change to Section 4.1.6 clarifies the
regulation's definition of adverse action and provides that a
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1707
negative change to a person's premium is not an adverse
action if it is unrelated to that person's credit history.
Likewise, it is not an adverse action if there is a renewal with
no change in tier, no change in premium or no re-scoring of
the consumer report.
2. Section 5.1 has been modified by substituting the
word "disability" for the word "handicap" to reflect
terminology preferred by the various State councils and
offices that represent the interests of Delaware's disabled
citizens.
3. The change to Section 5.1 clarifies the terms under
which an insurer must apply the two year limit on the use of
credit information. The regulation does not require the
insurer to obtain credit reports subsequent to the date of first
use if, as a matter of policy, practice or underwriting, the
insurer determines that subsequent to the first use of a credit
report, consumer reports or credit score information will not
be utilized in any decisions to renew or cancel the policy in
the future.
4. The use of credit scores for persons other than the
named insured is a matter of significant concern. The
concept contained in Section 5.4 has been part of the
proposed regulation from the first date of publication. The
revision to that section clarifies, with respect to homeowners
insurance, that a spouse who has no title or ownership
interest in the property to be insured and is not a named
policyholder or applicant, should not subject the owner of
the property to a higher premium or less preferential tier
merely because of the non-owner's credit score.
5. The changes to Section 7.3 clarify the manner in
which an insurer is required to extraordinary personal
circumstances justifying relief from the possible harsh
effects of credit scoring and to allow the insurer to further
define other situations as extraordinary personal
circumstances. It also requires the consumer to request such
treatment in writing. The section is also further clarified by
not binding the insurer to review repeated requests or events
previously determined either to be or not to be extraordinary
personal circumstance. Section 7.3.4 has been added to
provide that an insurer will not be out of compliance with
any law or rule relating to underwriting, rating or rate filing
if it grants an exception to the use of its policy of credit
scoring under Section 7.3.
6. The change to Section 9 to add confidentiality to a
third party in addition to the insurer with respect to
information submitted to the Commissioner clarifies the
intent to provide full confidentiality for proprietary and trade
secret information for the insurer and any vendor under
contract with an insurer. For non-regulated entities that
provide credit scoring related services to an insurer, the
protection of their proprietary and trade secret rights was
never intended to be abrogated by the proposed regulation.
The addition of the term "third parties" to the confidentiality
provisions does not constitute a substantive change to the
regulation.
Decision And Effective Date
I hereby adopt Regulation 906 as modified by the
changes approved above and as incorporated in the copy of
the proposed attached hereto to be effective on September 1,
2003.
Text And Citation
The text of proposed Regulation 906 appears in the
Register of Regulations Vol. 6, Issue 10, pages 1309 et seq.,
April 1, 2003 subject to the modifications approved hereby.
DATED: May 13, 2003 Donna Lee H. Williams
Insurance Commissioner
Regulation No. 87 906
Use Of Credit Information
1.0 Authority
1.1 This regulation is adopted by the Commissioner
pursuant to the authority granted by 18 Del. C. §§ 311, 2501,
2304(15)(c), and 2312, and promulgated in accordance with
the Delaware Administrative Procedures Act, Title 29 Del.
C. Chapter 101.
2.0 Scope
2.1 This regulation shall apply to all insurers offering
automobile, property, surety and/or casualty insurance
motorcycle, boat and personal watercraft, snowmobiles and
other recreational vehicles, homeowners, mobilehomeowners
and non-commercial dwelling fire insurance
policies for personal or family protection. This regulation
shall not apply to any line of commercial insurance.
3.0 Purpose
The purposes of this regulation are:
3.1 To prohibit insurers from engaging in unfair
discrimination in the offering or granting of insurance due to
the grouping of risks based on criteria which are not
actuarially supported and shown to be relevant to risk.
3.2 To prohibit insurers from engaging in unfair
discrimination in the cancellation or non-renewal of
insurance coverage based on criteria which are not
actuarially supported and shown to be relevant to risk or
experience.
3.3 To assure that consumers, whether on initial
application or renewal, are given notice when credit
consumer reports will be requested and reviewed in
connection with a consumer's eligibility for and/or the
continuance of insurance coverage and/or a consumer's tier
or level of premium payment.
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1708 FINAL REGULATIONS
3.4 To prohibit the practice of assigning a consumer to
a premium level based solely on the consumer's credit rating
or credit score.
3.5 To assure that, if used, credit information obtained
by the insurer shall be utilized consistently within the
insurer's book of business even though one or more
affiliated companies may decline to use credit information or
to utilize credit scoring as a factor in its rate making.
3.6 To assure that the consumer has adequate relief
from any adverse action taken by an insurer through the use
of credit scoring.
4.0 Definitions
4.1 "Adverse action" has the meaning given that term
in the Fair Credit Reporting Act, 15 U.S.C. sec. 1681 et seq.
(referred to in this regulation as "the FCRA"). An adverse
action includes but is not limited to the following:
4.1.1 Cancellation, denial or nonrenewal of
insurance coverage;
4.1.2 Charging a higher insurance premium than
would have been offered if the credit history or insurance
score had been more favorable in the absence of a rate
change occasioned by other applicable underwriting factors
independent of credit related information, whether the
charge is by:
4.1.2.1 application of a rating rule;
4.1.2.2 assignment to a rating category within
a single insurer, into which insureds with substantially like
insuring, risk or exposure factors and expense elements are
placed for purposes of determining rate or premium, that
does not have the lowest available rates; or
4.1.2.3 placement with an affiliate insurer
that does not offer the lowest rates available to the consumer
within the affiliate group of insurers; or
4.1.3 A reduction or an adverse or unfavorable
change in the terms of coverage or amount of insurance
owing to a consumer's credit history or insurance score. A
reduction or an adverse or unfavorable change in the terms
of coverage occurs when:
4.1.3.1 coverage provided to the consumer is
not as broad in scope as coverage requested by the consumer
but available to other insureds of the insurer or any affiliate;
or
4.1.3.2 the consumer is not eligible for
benefits such as dividends that are available through affiliate
insurers.
4.14 The placement of the consumer with an
affiliated company shall not be considered an adverse action
under this regulation.
4.1.45 Notwithstanding the foregoing, a decision
to reject an insurance application, to deny renewal or to
condition renewal, to assign an application or renewal to a
tier, class or group, or to issue the policy based on or with
restrictions that would not apply but for the consideration of
the credit consumer report.
[4.1.6 Notwithstanding the foregoing, if a
consumer, upon renewal, is not assigned to a less
favorable tier or if there is a change in premium not
resulting from any use of credit information, such event
shall not be deemed an adverse action.]
4.2 "Commissioner" shall mean the Insurance
Commissioner of the State of Delaware, or any person
designated by the Commissioner to enforce the provisions of
this regulation or any related statute or regulation.
4.3 "Credit Consumer report" means any written, oral,
or other communication of any information by a consumer
reporting agency (as defined in the Federal Fair Credit
Reporting Act [FCRA]) bearing on a consumer's credit
worthiness, credit standing, or credit capacity, which is used
or expected to be used or collected in whole or in part for the
purpose of serving as a factor in establishing the consumer's
eligibility for personal lines automobile or homeowner
insurance to be used primarily for person, family, or
household purposes. Consumer report shall not include
motor vehicle reports or claims history reports or any other
report that is not credit related.
4.4 "Credit score" means any alpha, numeric and/or
alpha-numeric rating or classification of any person based on
information contained in said person's credit consumer
report created by an insurer or any person, firm or entity for
use by an insurer.
4.5 "Document" or "public record" shall have the same
meaning as described in 29 Del. C. § 10002(d) and 18 Del.
C. §§ 320, 321.
4.6 "Insurance score" shall have the same meaning as
"credit score."
4.7 "Insured," "policyholder" or "consumer" shall
mean the applicant(s) for coverage or named policyholder
who shall have an insurable interest in the property to be
covered as defined by 18 Del. C.§ 2706.
Drafting Note: A spouse of an insured who has no title
interest and/or who has not co-signed a note and/or mortgage
for the real property to be insured does not have an insurable
interest in the real property to be [insured.] person or
persons insured under a policy of insurance but shall not
include persons receiving a quote for premium that would be
due under a policy of insurance, provided however, that such
insurance is not ultimately applied for and that the process
for making and delivering such quotes is not used as a means
for denying coverage on the basis of a credit score in
violation of this regulation.
5.0 Prohibited Practices
5.1 No individual credit consumer report or credit score
shall be valid or if the age of the report is greater than two
years from the date of its first use for an individual
application or renewal of coverage utilized if it is based or
utilizes in any manner, factors which include any or all of
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1709
race, color, creed, sex, religion, national origin, place of
residency, marital status, nature of employment, physical
[handicap disability], or any similar category prohibited by
federal or state law.
5.2 Each insurer proposing to use an insurance score as
part of its rating or underwriting criteria shall file with the
Commissioner, as part of its rate filings required pursuant to
18 Del. C. Chapter 25, No insurer shall utilize a credit report
or score as part of its rating or underwriting criteria unless it
shall have first obtained authority to do so as part of its rate
filing and shall have filed such supporting models,
algorithms, actuarial and statistical data and reports
sufficient, in the discretion of the Commissioner, to permit
the Commissioner to determine that the use of such credit
report or score shall not:
5.2.1 u Unfairly discriminate or assign a
consumer to a class or tier based on criteria which are not
actuarially supported and shown to be relevant to risk or
experience, or
5.2.2 b Be the sole basis upon which the insurer
denies coverage, assigns the consumer to a more expensive
premium class or tier and/or refuses to renew consumer's
insurance coverage or upon which the insurer cancels,
refuses to renew or sets a premium or rate for insurance
coverage without consideration of other underwriting or
rating factors.
5.3 No insurer shall be permitted to use the services of
a third party to develop a credit consumer report or credit
score unless the third party shall, without qualification,
consent to provide any information, documents, reports
(except for consumer reports which may not be disclosed),
actuarial and/or statistical bases or models, or other such
information required by the Commissioner as part of the
insurer's rate approval process.
5.4 In rating a policy or assigning a consumer to a
premium level or tier, no insurer shall be permitted to
consider the credit consumer report or score of any person
other than the named policyholder or person(s) who have an
insurable interest to be covered under the policy. In the case
of homeowner's coverage, no insurer shall be permitted to
deny, penalize, impose a higher rate or take any action
adverse or detrimental to a current or prospective
policyholder based solely on the credit score of a spouse who
has no title or ownership interest in the property to be
insured and is not a named policyholder or applicant.
5.5 No insurer, or entity from which the insurer may
obtain credit scoring information, shall use credit or
consumer reports in any manner prohibited by law be
permitted to obtain credit information about any current or
prospective policyholder except as may be expressly
permitted by the laws of the United States or the State of
Delaware.
5.6 No insurer shall be permitted to use obsolete
information which shall be defined as follows:
5.6.1 Bankruptcies which, from date of the
adjudication of the most recent bankruptcy, antedate the
report by more than 140 years;
5.6.2 Suits and judgments which, from date of
entry, antedate the report by more than 7 years or until the
governing statute of limitations has expired, whichever is the
longer period;
5.6.3 Paid tax liens which, from date of
payment, antedate the report by more than 7 years;
5.6.4 Accounts placed for collection or charged
to profit and loss which antedate the report by more than 7
years;
5.6.5 Records of arrest, indictment, or
conviction of crime which, from date of disposition, release,
or parole, antedate the report by more than 7 years; and
5.6.6 Any other adverse item of information
which antedates the report by more than 7 years.
5.7 No insurer shall be permitted to penalize, impose a
higher rate or take any action adverse or detrimental to a
current or prospective policyholder because such person
shall or may have refused to authorize the release of credit
information or may have an unacceptable number of credit
inquiries. The following factors shall not be used by an
insurer or by any entity retained by the insurer for the
purposes of generating a credit score for underwriting, tier
placement or rating purposes:
5.7.1 Information that is disputed by the
consumer and has been identified by the consumer reporting
agency and coded as such, if the use of such disputed
information would result in an adverse action;
5.7.2 Information that has been identified by the
consumer reporting agency as related to insurance inquiries
and/or non-consumer initiated inquiries and coded as such;
5.7.3 Information that has been identified by the
consumer reporting agency as related to collection accounts
with a medical industry code;
5.7.4 Information that includes multiple lender
inquiries, if coded by the consumer reporting agency as
being from the home mortgage industry and made within 30
days of one another, unless only one inquiry is considered.
5.7.5 Information that includes multiple lender
inquires, if coded by the consumer reporting agency as being
from the automobile lending industry and made within 30
days of one another, unless only one inquiry is considered.
5.7.6 The total available line of credit, however,
an insurer may consider the total amount of outstanding debt
in relation to the total available line of credit.
5.8 If a consumer has no available credit history or has
insufficient credit history to develop a credit score, the
consumer must be underwritten and rated in accordance with
the remaining actuarial principles and standards of practice
set forth in the appropriate rate filing that are exclusive of the
credit score. However, an insurer may consider insufficient
credit history or no available credit history in setting a
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1710 FINAL REGULATIONS
premium or rate, or underwriting an insurance policy, to the
extent such use is actuarially justified and consistent with the
rate filing in the office of the Commissioner. No insurer shall
be permitted to penalize, impose a higher rate or take any
action adverse or detrimental to a current or prospective
policyholder because such person shall have no credit
history or a credit history that has insufficient activity upon
which to calculate a credit score.
5.9 No insurer shall, by underwriting standards or
practices, use a consumer's credit score inconsistent with or
in violation of this regulation.
6.0 Written Notice to Consumers
6.1 No denial of an application or refusal to issue
insurance based on credit scoring or information contained
in a consumer's credit report shall be valid unless, in
addition to any other requirements that may apply, the
insurer includes on the face of the application the following
statement or a statement substantially similar to it in
boldface type in a font no smaller than the regular text of the
notice: "This application may be denied based on
information contained in a credit report relating to you and/
or someone else who resides in your household."
6.2 No refusal to renew or cancellation of insurance
based on credit scoring or information contained in an
insured's credit report shall be valid unless, in addition to
any other requirements that may apply, the insurer includes
in the notice of intent not to renew the following statement or
a statement substantially similar to it in boldface type in a
font no smaller than the regular text of the notice: "This
(nonrenewal)(cancellation) is based on information
contained in a credit report relating to you and/or someone
else who resides in your household." If an insurer uses credit
information in underwriting or rating a consumer, the insurer
or its agent shall disclose, either on the insurance application
or at the time the insurance application is taken, that it may
obtain credit information on the consumer, other persons
residing in the consumer's home, or other persons whose
credit information may affect the underwriting or rating of
the policy in connection with such application. Such
disclosure shall be either written or provided to an applicant
in the same medium as the application for insurance. The
insurer need not provide the disclosure statement required
under this section to any insured on a renewal policy if such
consumer has previously been provided a disclosure
statement. The use of the following example disclosure
statement constitutes compliance with this section: "In
connection with this application for insurance, we may
review your credit report or obtain or use a credit based
(credit)(insurance) score based on the information contained
in that credit report. We may use a third party in connection
with the development of your (credit)(insurance) score."
6.2 A notice denying an application for insurance or a
notice refusing to renew or cancel insurance shall, to the
extent that the insurer's action is based on information
contained in a consumer report relating to the applicant,
insured and/or other named person, contain the following:
6.2.1 The name, address and toll free number of
the institutional source from whom the insurer obtained the
credit information;
6.2.2 A summary of the most significant reasons
for the adverse action that relate to the consumer's credit
history or to the credit factors of the credit score. The
reasons need not exceed four, shall be in the order of
decreasing importance, shall be specific and shall identify
the information associated with each reason. The notice shall
be sufficiently clear and specific that a consumer of
reasonable intelligence can identify the basis for the
insurer's decision without making further inquiry. For the
purpose of the summary, the use of a generalized term such
as "poor credit history," "poor credit rating," or "poor credit
score" does not meet the requirement of a sufficiently clear
and specific summary, however standardized credit
explanations provided by consumer reporting agencies or
other third party vendors that satisfy the requirements of this
section are deemed to comply with this section.
6.2.3 A statement advising the applicant or
insured that, if the insured wishes to inquire further about the
credit information on which the refusal, denial or
nonrenewal is based and obtain a free copy of the "consumer
report," the insured may do so by mailing a written request to
the insurer, or such other party as the insurer shall identify in
the notice, no more than ten thirty days after the date on
which the notice of refusal, denial or nonrenewal was mailed
to the insured.
6.2.4 A statement that the consumer reporting
agency that provided the information upon which the credit
score was based did not make the decision to take the
adverse action and is unable to provide the applicant or
insured the specific reasons why the adverse action was
taken.
6.3 If the applicant or insured submits such the written
notification required under section 6.2.3, the refusal, denial
or nonrenewal shall not become effective until thirty days
after the accuracy of the credit information, which the
applicant or insured has questioned and on which the refusal,
denial or nonrenewal was based, has been verified and
communicated to the applicant or insured. Such verification
shall be deemed to have been made upon completion of the
investigation of the credit information which the applicant or
insured has questioned and on which the refusal, denial or
nonrenewal was based. The applicant or insured must
cooperate in the investigation of the credit information,
including responding to any communication submitted by, or
on behalf of, the insurer or credit reporting agency no more
than ten days after the date on which such communication
subsequent to the notice required under section 6.2.3 was
mailed to the applicant or insured. If the applicant or insured
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FINAL REGULATIONS 1711
fails to cooperate in the investigation of the credit
information, the insurer may, after providing a minimum of
fifteen days' written notice to the applicant or insured,
terminate such investigation and may refuse, to insure the
applicant or cancel deny or nonrenew the policy.
6.5 6.4 If the applicant or insured, after receipt of a
notice under this section, and pursuant to procedures
established under the FCRA, obtains changes, modifications
or corrections to his/her credit information maintained by
one or more credit reporting agencies, the insured shall
notify the insurer who shall recalculate or obtain an new
credit score. In that case, the provisions of section 7.2 shall
apply to any adjustments to be made to the insured's
premium.
7.0 Corrections or Changes to a Consumer's Credit
Score
7.1 When an insurer uses credit histories or credit
scores for the purpose of rating, if the insurer receives notice
of corrected information affecting the credit history or the
credit factors of the credit score of a consumer from the
consumer reporting agency of the insurer, the insurer shall
correct the consumer's credit score or obtain a corrected
credit score or credit history, as appropriate, based on the
corrected information.
7.2 When an insurer has taken an adverse action against
a consumer on the basis of the consumer's credit history or
the credit factors of the consumer's credit score, if the
insurer subsequently makes or obtains a correction or change
under section 6.4 or 7.1, the insurer shall determine the
difference between the premium paid by the consumer based
on the mistaken prior credit history or credit score and the
premium based on the current history or score. If the policy
period is 12 months or more, the difference shall be
determined for the most recent 12 months. If the policy
period is less than 12 months, the difference shall be
determined for the current period of the policy. If the
difference is in favor of the consumer, the insurer shall credit
or refund the difference to the consumer. If the difference is
in favor of the insurer, the insurer may charge the difference
to the consumer or collect the difference from the consumer.
[7.3 An insured or an applicant for insurance shall
have a right to seek review by the insurer of its use of a
credit score in the event an insured's or applicant's
consumer report is adversely affected by extraordinary
personal circumstances. Such extraordinary personal
circumstances may include by way of example and not of
limitation, serious illness, involuntary unemployment,
divorce, identity theft, and involuntary interruption of
alimony or support payments. An insurer may require
that an insured or applicant provide sufficient
documentation to establish the existence and duration of
such extraordinary personal circumstance. An insurer
may elect to eliminate the credit score from consideration
in such instance and rely its other underwriting and
rating guidelines or may elect to establish such
procedural guidelines as will allow the insurer to
consider such requests in a consistent manner.
7.3 An insured or an applicant for insurance, upon
written request to an insurer, shall have a right to seek
review by the insurer of its use of a credit score in the
event an insured's or applicant's consumer report is
adversely affected by extraordinary personal
circumstances.
7.3.1 Extraordinary personal circumstance is
defined as serious illness or injury, involuntary
unemployment, divorce, identity theft, and involuntary
interruption of alimony or support payments. An
insurer may elect to extend this definition to consider an
extraordinary personal circumstance not listed in this
section. In no event is an insurer required to review
repeated events or events the insurer reviewed previously
as an extraordinary personal circumstance.
7.3.2 An insurer may require that an insured
or applicant provide sufficient documentation to
establish the existence and duration of such
extraordinary personal circumstance.
7.3.3 An insurer may elect to eliminate the
credit score from consideration in such instance and rely
its other underwriting and rating guidelines, may assign
a neutral credit score or may elect to establish such
procedural guidelines as will allow the insurer to
consider such requests in a consistent manner.
7.3.4 An insurer will not be considered out of
compliance with any law or rule relating to
underwriting, rating or rate filing as a result of granting
an exception under this section.]
8.0 General Business Practices
8.1 Any insurer that elects to use credit scoring to
determine, in whole or in part, the premium to be paid by the
insured or the tier or class of risk to which the insured shall
be assigned, shall be deemed to have done so under the
provisions of 18 Del. C. Chapter 25.
8.2 No insurer shall implement credit scoring for rate
making or underwriting purposes without first having
obtained the approval of the Commissioner as part of a rate
filing under 18 Del. C. Chapter 25. Policies and renewal
notices issued on or before the effective date of this
regulation in which credit information was used in the
underwriting or rating of the policy shall be deemed valid for
the term thereof but not for any renewal thereunder in the
absence of compliance with this regulation.
8.3 No insurer shall alter or modify the approved tier or
classification structure or change the premiums applicable to
any such tier or classification system without having first
obtained the Commissioner's approval to do so under 18
Del. C. Chapter 25.
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1712 FINAL REGULATIONS
8.4 Affiliated companies may make independent
decisions with respect to the use of credit information or
credit scores, but any insurer or insurance company, or
affiliate thereof, having elected to use such information
shall apply the information uniformly and consistently
within the company's book of business. When an insurer
denies or fails to renew a policy, evidence of the notice of
denial or nonrenewal shall be retained by the insurer and a
record of the insurance score, related notice and
correspondence with the insured shall be maintained by the
insurer and/or by the appropriate vendor (source of the credit
score) pursuant to the insurer's agreement with such vendor
for a minimum of three years from the date of notice to the
insured.
8.5 Any insurer that requests or utilizes credit reports in
consideration of an application for personal lines automobile
or homeowners insurance shall maintain evidence of its
compliance in its regular business files at its principal place
of business. Such evidence need not be in any particular
form, so long as it is sufficient to reasonably demonstrate
compliance. Such evidence shall be made available for
review and examination by the Commissioner. When an
insurer denies or fails to renew a policy, evidence of the
notice of denial or nonrenewal shall be retained by the
insurer, and a record of the contents of the credit report shall
be maintained by the insurer or pursuant to the insurer's
agreement with the consumer reporting agency for a
sufficient time to be available during the next market
conduct examination by the Commissioner. An insurer shall
indemnify, defend, and hold agents harmless from and
against all liability, fees, and costs arising out of or relating
to the actions, errors, or omissions of an insurer who obtains
or uses credit information and/or credit scores from an
independent source, provided that the agent follows the
instructions of or procedures established by the insurer and
complies with any applicable law or regulation. Nothing in
this section shall be construed to provide a consumer or other
insured with a cause of action that does not exist in the
absence of this section.
9.0 Confidentiality
[9.1] Any document, report, model or other
supporting information filed with the Commissioner,
irrespective of the format or media in which it is contained,
shall be considered proprietary or trade secret a public
document and subject to the confidentiality provisions of 18
Del. C. § 321(g) and/or, upon the request of the insurer or
owner of the document, 29 Del. C. § 10002(d)(2). Where an
insurer [or third party] is required to file proprietary or
trade secret insurance scoring algorithms, models,
documents or supporting information as part of its filed
rates, the insurer [or third party] may elect to segregate
such materials from the remainder of its rate filing by filing
such materials separately in a sealed envelope or container.
Materials filed in this manner shall remain segregated from
the publicly accessible portions of the rate filing for so long
as these materials are on file with the Department, or until
the insurer [or third party] notifies the Department that
such materials are no longer proprietary or trade secret. In
the event there is a dispute with respect to the confidentiality
of a document, the Commissioner shall make the final
determination of whether any part or the whole of a disputed
document shall be given confidential treatment.
10.0 Severability
10.1 If any provision of this Regulation or the
application of any such provision to and person or
circumstance shall be held invalid the remainder of such
provisions, and the application of such provision to any
person or circumstance other than those as to which it is held
invalid, shall not be affected.
11.0 Causes of Action and Defenses
11.1 This regulation shall not create a cause of
action for any person or entity, other than the Delaware
Insurance Commissioner, against an insurer or its
representative based upon a violation of 18 Del. C. §
2304(15)(c). In the same manner, nothing in this regulation
shall establish a defense for any party to any cause of action
based upon a violation of 18 Del. C. § 2304(15)(c).
12.0 Effective Date
12.1 This regulation shall become effective on
September 1, 2003 30 days after publication in the Delaware
Register of Regulations.
ADOPTED AND SIGNED BY THE COMMISSIONER
Donna Lee H. Williams
May 13, 2003
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1713
DEPARTMENT OF NATURAL
RESOURCES AND
ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
AIR QUALITY MANAGEMENT SECTION
Statutory Authority: 7 Delaware Code, Chapter 60
(7 Del.C. Ch. 60)
Secretary's Order No.: 2003-A-0029
Proposed Adoption of Subpart B
into Regulation No. 38,
"Emission Standards for Hazardous Air Pollutants
for Source Categories"
Date of Issuance: May 15, 2003
Effective Date of the Amendment: June 11, 2003
I. Background
On March 24, 2003 a public hearing was held in the
DNREC Auditorium in Dover to receive comment on the
proposed adoption of Subpart B into Regulation No. 38 in
order to address upcoming changes to the Federal
requirements that implement Section 112(j) of the Clean Air
Act. Delaware is proposing the adoption of Subpart B into
the aforementioned Regulation as part of its requirements to
maintain equivalency with its program authorization and
equivalency with EPA's air toxics program.
Prior to this public hearing, the proposed changes to
Regulation 38 were formally proposed in the Delaware
Register of Regulations on March 1, 2003, and were also
discussed in two public workshops, held on March 5, 2003
and March 7, 2003. Following the March 5, 2003 public
workshop, several changes were suggested to the draft
language of this proposed amendment. While the changes
are not substantive in nature, the Department does agree that
they provide greater clarity and consistency, and therefore
said changes have now been reflected in the proposed
regulatory amendment regarding the proposed adoption of
Subpart B.
It was also noted by the Department at the public
hearing that on April 25, 2002 the Sierra Club took
exception with some of these proposed changes to the
Federal requirements under Section 112 (j), and filed suit
against the U.S. E.P.A. in the U.S. Court of Appeals for the
District of Columbia. The highlights of this legal action
taken by the Sierra Club against the U.S. E.P.A. concerning
these Federal requirements, and the impact of the eventual
settlement agreement concerning that lawsuit upon
Delaware's air regulations, were discussed at greater length
in the Hearing Officer's Memorandum, which is expressly
incorporated herein by reference. Proper notice of the
hearing was provided as required by law.
After the hearing, the Department performed an
evaluation of the evidence entered into the record in this
matter. Thereafter, the Hearing Officer prepared his report
and recommendation in the form of a Hearing Officer's
Memorandum to the Secretary dated May 5, 2003. Again,
that memorandum is expressly incorporated herein by
reference.
II. Findings and Conclusions
All of the findings and conclusions contained in the
Hearing Officer's Memorandum dated May 5, 2003 are
expressly incorporated herein and explicitly adopted as the
findings and conclusions of the Secretary.
III. Order
In view of the above, I hereby order that Subpart "B" of
the State of Delaware's Regulation No. 38 be adopted in the
manner and form provided for by law pursuant to the
changes proposed prior to the hearing and as recommended
in the Hearing Officer's memorandum.
IV. Reasons
Adopting the proposed amendments to Subpart "B" of
Delaware's Regulation No. 38 will further the policies and
purposes of 7 Del. C. Chapter 60. Furthermore, this
rulemaking will also permit the State of Delaware to be in
compliance with the EPA's Federal Regulations with respect
to Section 112(j) of the Clean Air Act, and will thereby help
Delaware to maintain equivalency with its program
authorization and equivalency with EPA's air toxics
program.
John A. Hughes, Secretary
Final Proposed Amendment to Subpart B
under SAN 2003-01
REGULATION NO. 38
EMISSION STANDARDS FOR HAZARDOUS
AIR POLLUTANTS FOR SOURCE CATEGORIES
[5 6/11/023]
Subpart B Requirements for Case-By-Case Control
Technology Determinations for Major Sources
5/11/02
OVERVIEW OF SUBPART B
Subpart B of Regulation No. 38 consists of two separate
sets of requirements. One set of requirements, which are
included in Sections 63.40 through 44, implement the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1714 FINAL REGULATIONS
section 112(g)(2)(B) provisions of the Clean Air Act. These
requirements apply to owners or operators who construct or
reconstruct a major source of hazardous air pollutants after
June 29, 1998. The Department adopted these requirements
into Regulation No. 38 in Apr. 1998.
The other set of requirements, which are included
Sections 63.50 through 56, implement the section 112(j)
provisions of the Clean Air Act. These requirements apply to
owners or operators of any collection of equipment defined
in a section 112(c) source category for which the
Administrator has failed to promulgate an emission standard
by the section 112(j) deadline and the collection of
equipment is located at a source that is subject to Regulation
30.
Sections 63.45 through 49 of this subpart have been
reserved.
[4/22/98 6/11/03]
Section 112(g)(2)(B) Requirements
The provisions of Sections 63.40 through 63.44 in
Subpart B, of Title 40, Part 63 of the Code of Federal
Regulations, dated July 1, 1997 are hereby adopted by
reference with the following changes:
(a) "Regulation 30" shall replace "title V" wherever it
appears.
(b) Paragraph 63.40(b) shall be replaced with the
following language: "The requirements of Secs. 63.40
through 63.44 of this subpart apply to any owner or operator
who constructs or reconstructs a major source of hazardous
air pollutants after June 29, 1998 unless the major source in
question has been specifically regulated or exempted from
regulation under a standard issued pursuant to section
112(d), section 112(h), or section 112(j) and incorporated in
another subpart of part 63, or the owner or operator of such
major source has received all necessary air quality permits
for such construction or reconstruction project before June
29, 1998.
(c) The opening sentence of Section 63.41 shall be
replaced with the following language: "Terms used in Secs.
63.40 through 63.44 that are not defined in this section have
the meaning given to them in the Act and in subpart A of this
regulation.
(d) The opening of the definition of Available
information found in Section 63.41 shall be replaced with
the following language: "Available information means, for
purposes of identifying control technology options for the
affected source, information contained in the following
information sources as of the date of issuance of the
construction permit which incorporates the final and
effective case-by-case MACT determination:".
(e) The following errata found in Section 63.41 as
published in the Federal Register and Code of Federal
Regulations shall be corrected as follows:
(i) "for" in definition (3) of Available information
shall be replaced with "from";
(ii) HAP's" in definition of Construct a major
source shall be replaced with "HAP";
(iii) "suite" in definition of Greenfield suite shall be
replaced with "site";
(iv) deduction" in definition of Maximum
achievable control technology (MACT) emission limitation
for new sources shall be replaced with "reduction"; and
(v) "that potential" in definition of Reconstruct a
major source shall be replaced with "the potential".
(f) "Administrator" in the definition of Available
information found in Section 63.41 shall be replaced with
"Administrator or Department."
(g) Paragraph (2)(ii)(A) in the definition of Construct a
major source found in Section 63.41 shall be replaced with
the following language: "The permitting authority has
determined within a period of 5 years prior to the fabrication,
erection, or installation of the process or production unit that
the existing emission control equipment represented best
available control technology (BACT) or lowest achievable
emission rate (LAER) under Regulation 25 of the State of
Delaware "Regulations Governing the Control of Air
Pollution" for those HAP to be emitted by the process or
production unit; or".
(h) Paragraph (2)(ii)(B) in the definition of Construct a
major source found in Section 63.41 shall be replaced with
the following language: "The permitting authority
determines that the control of HAP emissions provided by
the existing equipment will be equivalent to that level of
control currently achieved by other well-controlled similar
sources (i.e., equivalent to the level of control that would be
provided by a current BACT or LAER determination);".
(i) Paragraph (2)(iv) in the definition of Construct a
major source found in Section 63.41 shall be replaced with
the following language: "The permitting authority has
provided notice and an opportunity for public comment
concerning its determination that criteria in paragraphs
(2)(i), (2)(ii), and (2)(iii) of this definition apply and
concerning the continued adequacy of any prior LAER or
BACT determination;".
(j) Paragraph (2)(v) in the definition of Construct a
major source found in Section 63.41 shall be replaced with
the following language: "If any commenter has asserted that
a prior LAER or BACT determination is no longer adequate,
the permitting authority has determined that the level of
control required by that prior determination remains
adequate; and ".
(k) Paragraph (2)(vi) in the definition of Construct a
major source found in Section 63.41 shall be replaced with
the following language: "Any emission limitations, work
practice requirements, or other terms and conditions upon
which the above determinations are made by the permitting
authority are applicable requirements under section 504(a) of
the Act and under Section 6 of Regulation 30 of the State of
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1715
Delaware "Regulations Governing the Control of Air
Pollution" and either have been incorporated into any
existing Regulation 30 permit for the affected facility or will
be incorporated into such permit upon issuance or revision."
(l) The definition of Construction permit is added to
the list of definitions found in Section 63.41 with the
following language: "Construction permit means a
construction permit issued pursuant to Regulation 2 and/or
25 of the State of Delaware "Regulations Governing the
Control of Air Pollution."
(m) The opening of the definition of Control technology
found in Section 63.41 shall be replaced with the following
language: "Control technology means measures, processes,
methods, systems, or techniques to limit the emission of
hazardous air pollutants in a way that would --".
(n) The definition of Effective date of section
112(g)(2)(B) in a State or local jurisdiction found in Section
63.41 shall be deleted.
(o) The definition of Electric utility steam generating
unit found in Section 63.41 shall be replaced with the
following language: "Electric utility steam generating unit
means any fossil fuel fired combustion unit that serves a
generator with a nameplate capacity of more than 25
megawatts that produces electricity for sale. A unit that cogenerates
steam and electricity and supplies more than onethird
of its nameplate electric output capacity and more than
25 megawatts electric output to any utility power distribution
system for sale shall be considered an electric utility steam
generating unit."
(p) The definition of HAP is added to the list of
definitions found in Section 63.41 with the following
language: "HAP means a hazardous air pollutant (i.e., any
chemical listed in or pursuant to section 112(b) of the Act)."
(q) The definition of Notice of MACT Approval found
in Section 63.41 shall be deleted.
(r) The definition of Permitting authority found in
Section 63.41 shall be replaced with the following language:
"Permitting authority means the Department of Natural
Resources and Environmental Control as defined in Title 29,
Delaware Code, Chapter 80, as amended."
(s) The entire content of Paragraph 63.42(a) as
promulgated shall be deleted and its heading shall be
replaced with the following language: "(a) [Reserved]."
(t) The entire content of Paragraph 63.42(b) as
promulgated shall be deleted and its heading shall be
replaced with the following language: "(b) [Reserved]."
(u) Paragraph 63.42(c) shall be replaced with the
following language: "After June 29, 1998, no person may
begin actual construction or reconstruction of a major source
of HAP unless: ".
(v) The following errata published in the Federal
Register and Code of Federal Regulations shall be corrected
as follows:
(i) "owner and operator" in paragraph 63.42(c)(1)
shall be replaced with "owner or operator";
(ii) "63" in paragraph 63.42(c)(1) shall be deleted;
and
(iii) "the anticipated" in paragraph 63.43(e)(2)(v)
shall be replaced with "The anticipated".
(w) Paragraph 63.42(c)(2) shall be replaced with the
following language: "The permitting authority has issued a
construction permit which incorporates a final and effective
case-by-case determination pursuant to the provisions of
Sec. 63.43; requiring the emissions from the constructed or
reconstructed major source to be controlled to a level no less
stringent than the maximum achievable control technology
emission limitation for new sources."
(x) Paragraph 63.43(b) shall be replaced with the
following language: "When a case-by-case determination of
MACT is required by Sec. 63.42(c), the owner [and or]
operator shall obtain from the permitting authority an
approved MACT determination pursuant to paragraph (c) of
this section."
(y) Paragraph 63.43(c)(1) shall be replaced with the
following language: "[Reserved]."
(z) Paragraph 63.43(c)(2) shall be replaced with the
following language: "The owner or operator shall follow all
procedures in Regulation 2 and/or 25, except that --".
(aa) Paragraph 63.43(c)(2)(i) shall be replaced with
the following language: "the provisions of Section 2.2 of
Regulation 2 do not apply to any owner or operator that is
subject to the requirements of Secs. 63.40 through 63.44
and".
(bb) Paragraph 63.43(c)(2)(ii) shall be replaced
with the following language: "in addition to the provisions of
Section 11.10 of Regulation 2, the final MACT
determination and the construction permit shall expire if
construction or reconstruction has not commenced within 18
months of permit issuance. The owner or operator may
request and the permitting authority may grant an extension
which shall not exceed an additional 12 months."
(cc) Paragraph 63.43(c)(3) shall be replaced with
the following language: "When desiring alternative
operating scenarios, an owner or operator may request
approval of case-by-case MACT determinations for each
alternative operating scenario. Approval of such
determinations satisfies the requirements of section 112(g)
for each such scenario."
(dd) Paragraph 63.43(c)(4) shall be replaced with
the following language: "The MACT emission limitation
and requirements established in the approved construction
permit shall be effective as required by paragraph (j) of this
section, consistent with the principles established in
paragraph (d) of this section, and supported by the
information listed in paragraph (e) of this section. The owner
or operator shall comply with the requirements in paragraphs
(k) and (l) of this section, and with all applicable
requirements in subpart A of this regulation."
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1716 FINAL REGULATIONS
(ee) The opening to Paragraph 63.43(d) shall be
replaced with the following language: "The following
general principles shall govern preparation by the owner or
operator of each construction permit application requesting a
case-by-case MACT determination concerning construction
or reconstruction of a major source, and all subsequent
review of and actions taken concerning such an application
by the permitting authority:".
(ff) Paragraph 63.43(e)(1) shall be replaced with the
following language: "An application for a MACT
determination shall be submitted at the same time as the
construction permit application and shall specify a control
technology selected by the owner or operator that, if
properly operated and maintained, will meet the MACT
emission limitation or standard as determined according to
the principles set forth in paragraph (d) of this section. At
the time of submittal, the owner or operator shall request that
the permit application be processed pursuant to Section 11.2
(i) or 11.2 (j) of Regulation 2, whichever is appropriate."
(gg) The opening to Paragraph 63.43(e)(2) shall be
replaced with the following language: "In each instance
where a constructed or reconstructed major source would
require additional control technology or a change in control
technology, the application for a MACT determination shall
contain, independent of the permit application, the following
information:".
(hh) Paragraph 63.43(e)(2)(xiii) shall be replaced
with the following language: "Any other relevant
information required pursuant to subpart A of this
regulation."
(ii) The opening to Paragraph 63.43(e)(3) shall be
replaced with the following language: "In each instance
where the owner or operator contends that a constructed or
reconstructed major source will be in compliance, upon
startup, with case-by-case MACT under this subpart without
a change in control technology, the application for a MACT
determination shall contain, independent of the permit
application, the following information:".
(jj) The entire content of Paragraph 63.43(f) as
promulgated shall be deleted and its heading shall be
replaced with the following language: "(f) [Reserved]."
(kk) The entire content of Paragraph 63.43(g) as
promulgated shall be deleted and its heading shall be
replaced with the following language: "(g) [Reserved]."
(ll) The entire content of Paragraph 63.43(h) as
promulgated shall be deleted and its heading shall be
replaced with the following language: "(h) [Reserved]."
(mm) Paragraph 63.43(i) shall be replaced with the
following language: "The permitting authority shall send
notice of any approvals pursuant to paragraph (c)(2) of this
section to the Administrator through the appropriate
Regional Office, and to all other State and local air pollution
control agencies having jurisdiction in affected States."
(nn) Paragraph 63.43(j) shall be replaced with the
following language: "The effective date of a MACT
determination shall be the date the permitting authority
issues the construction permit which incorporates the final
and effective MACT determination."
(oo) Paragraph 63.43(l)(1) shall be replaced with
the following language: "An owner or operator of a
constructed or reconstructed major source that is subject to a
MACT determination shall comply with all requirements in
the issued construction permit, including but not limited to
any MACT emission limitation or MACT work practice
standard, and any notification, operation and maintenance,
performance testing, monitoring, reporting, and record
keeping requirements."
(pp) Paragraph 63.43(l)(2) shall be replaced with
the following language: "An owner or operator of a
constructed or reconstructed major source which has
obtained a MACT determination shall be deemed to be in
compliance with section 112(g)(2)(B) of the Act only to the
extent that the constructed or reconstructed major source is
in compliance with all requirements set forth in the issued
construction permit. Any violation of such requirements by
the owner or operator shall be deemed by the permitting
authority and by EPA to be a violation of the prohibition on
construction or reconstruction in section 112(g)(2)(B) for
whatever period the owner or operator is determined to be in
violation of such requirements, and shall subject the owner
or operator to appropriate enforcement action under the
Act."
(qq) Paragraph 63.43(m) shall be replaced with the
following language: "Within 60 days of the issuance of a
construction permit, the permitting authority shall provide a
copy of such permit to the Administrator, and shall provide a
summary in a compatible electronic format for inclusion in
the MACT data base."
(rr) The phrase "under any of the review options
available" in paragraph 63.44(a) shall be deleted.
(ss) The phrase "40 CFR part 70 or part 71, whichever
is relevant," in 63.44(b) shall be replaced with the following
language: "Regulation 30."
Secs. 63.45 through 49 [Reserved].
[5 6]/11/023
Section 112(j) Provisions
Sec. 63.50 Applicability.
(a) General applicability.
(1) The requirements of Secs. 63.50 through 56 of
this subpart implement section 112(j) of the Act.
(2) The requirements of Secs. 63.50 through 56 of
this subpart apply to owners or operators of affected 112(j)
sources that are located at a major source that is subject to
Regulation 30 of the State of Delaware "Regulations
Governing the Control of Air Pollution."
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1717
(3) The requirements of Secs. 63.50 through 56 of
this subpart do not apply to research or laboratory activities
as defined in Sec. 63.51 of this subpart.
(b) Relationship to other State and Federal
requirements.
The requirements of Secs. 63.50 through 56 of this
subpart are additional to all other applicable State and
Federal requirements.
Sec. 63.51 Definitions.
Terms used in Secs. 63.50 through 56 of this subpart
that are not defined in this section have the meaning given to
them in the Act or in subpart A of this regulation.
Affected 112(j) source means the collection of
equipment, activities or both within a single contiguous area
and under common control that is in a section 112(c) source
category for which the Administrator has failed to
promulgate an emission standard by the section 112(j)
deadline.
Available information means, for purposes of
conducting a MACT floor finding and identifying control
technology options under Secs. 63.50 through 56 of this
subpart, any information contained in the following
information sources as of issuance of a final and legally
effective case-by-case MACT determination according to
paragraph 63.55(a) of this subpart:
(1) A relevant proposed regulation, including all
supporting information.
(2) Relevant background information documents for a
draft or proposed regulation.
(3) Any relevant regulation, information or guidance
collected by the Administrator establishing a MACT floor
finding and/or MACT determination.
(4) Relevant data and information available from the
Clean Air Technology Center developed according to
section 112(l)(3) of the Act.
(5) Relevant data and information contained in the
Aerometric Information Retrieval System (AIRS) including
information in the MACT database.
(6) Any additional information that can be expeditiously
provided by the Administrator or Department.
(7) Any information provided by applicants in a Part 3
MACT application, an application for a permit, permit
modification or administrative amendment according to the
requirements of Secs. 63.50 through 56 of this subpart.
(8) Any additional relevant information provided by the
applicant or others prior to or during the public comment
period for a final and legally effective case-by-case MACT
determination for an affected or a new affected 112(j)
source.
Control technology means measures, processes,
methods, systems or techniques to limit the emission of
hazardous air pollutants which:
(1) Reduce the quantity of, or eliminate emissions of,
such pollutants through process changes, substitution of
materials or other modifications;
(2) Enclose systems or processes to eliminate emissions;
(3) Collect, capture or treat such pollutants when
released from a process, stack, storage or fugitive emissions
point;
(4) Are design, equipment, work practice or operational
standards; or
(5) Are a combination of paragraphs (1) through (4) of
this definition.
Equivalent emission limitation means an emission
limitation, established under this subpart, which is
equivalent to the MACT standard that the EPA would have
promulgated under section 112(d) or (h) of the Act, had they
done so by the section 112(j) deadline.
Existing source maximum achievable control
technology (MACT) requirements means the requirements,
which include, where feasible, an equivalent emission
limitation, reflecting the maximum degree of reduction in
emissions of hazardous air pollutants that the Department,
taking into consideration the cost of achieving such emission
reductions and any non-air quality health and environmental
impacts and energy requirements, determines is achievable
by sources in the category to which such MACT standard
applies. These requirements shall be based upon available
information and shall not be less stringent than the MACT
floor.
Maximum achievable control technology (MACT) floor
means:
(1) For existing sources:
(i) The average emission limitation achieved by the
best performing 12 percent of the existing sources (for which
the Department and/or Administrator has emissions
information), excluding those sources that have, within 18
months before the Department issues a final and legally
effective MACT determination under this subpart, within 18
months before the emission standard is proposed or within
30 months before such standard is promulgated, whichever
is later, first achieved a level of emission rate or emission
reduction which complies, or would comply if the source is
not subject to such standard, with the lowest achievable
emission rate (as defined in section 171 of the Act)
applicable to the source category and prevailing at the time,
in the category, for categories of stationary sources with 30
or more sources, or
(ii) The average emission limitation achieved by the
best performing five sources (for which the Department and/
or Administrator has emissions information) in the category,
for categories with fewer than 30 sources.
(2) For new sources, the emission limitation achieved in
practice by the best controlled source in the section 112(c)
source category, where such source is equipment or
collection of equipment that, by virtue of its structure,
operability, type of emissions and volume and concentration
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1718 FINAL REGULATIONS
of emissions, is substantially equivalent to the new affected
112(j) source and employs control technology for control of
emissions of hazardous air pollutants that is practical for use
on the new affected 112(j) source.
New affected 112(j) source means the collection of
equipment, activities or both, that if constructed after the
issuance of a final and legally effective case-by-case MACT
determination according to paragraph 63.55(a) of this
subpart, is subject to the applicable new source MACT
requirements. According to paragraph 63.52(f)(3)(i) of this
subpart, each permit shall define the term "new affected
112(j) source," which will be the same as the "affected
112(j) source" unless a different collection is warranted
based on consideration of factors including:
(1) Emission reduction impacts of controlling
individual sources versus groups of sources;
(2) Cost effectiveness of controlling individual
equipment;
(3) Flexibility to accommodate common control
strategies;
(4) Cost/benefits of emissions averaging;
(5) Incentives for pollution prevention;
(6) Feasibility and cost of controlling processes that
share common equipment (e.g., product recovery devices);
(7) Feasibility and cost of monitoring; and
(8) Other relevant factors.
New source maximum achievable control technology
(MACT) requirements means the requirements, which
include, where feasible, an equivalent emission limitation,
which shall be based upon available information and shall
not be less stringent than the MACT floor and which reflects
the maximum degree of reduction in emissions of hazardous
air pollutants that the Department, taking into consideration
the cost of achieving such emission reduction and any nonair
quality health and environmental impacts and energy
requirements, determines is achievable by sources in the
category to which such MACT standard applies.
Research or laboratory activities means activities
whose primary purpose is to conduct research and
development into new processes and products; where such
activities are operated under the close supervision of
technically trained personnel and are not engaged in the
manufacture of products for commercial sale in commerce,
except in a de minimis manner and where the source is not in
a source category, specifically addressing research or
laboratory activities, that is listed according to section
112(c)(7) of the Act.
Section 112(j) deadline means the date 18 months after
the date for which a relevant standard is scheduled to be
promulgated under 40 CFR part 63, except that for all major
sources listed in those source categories scheduled to be
promulgated by November 15, 1994, the section 112(j)
deadline is November 15, 1996 and for all major sources
listed in those source categories scheduled to be promulgated
by November 15, 1997, the section 112(j) deadline is
December 15, 1999.
Sec. 63.52 Approval process for new and existing affected
112(j) sources.
(a) Sources that are major affected 112(j) sources on
the section 112(j) deadline.
(1) Except as provided for in paragraph
63.52(a)(2) of this section, the owner or operator of any
source that is an major affected 112(j) source on the section
112(j) deadline shall comply with the following.
(i) Submit to the Department by the section
112(j) deadline:
(A) A Part 1 MACT application according
to paragraph 63.53(a) of this subpart or
(B) If desired, a request for an
applicability determination by the Department of whether a
source is an major affected 112(j) source.
(ii) An owner or operator that submitted a
timely request for an applicability determination in
accordance [to with] paragraph (a)(1)(i)(B) of this section
that did not receive[d a determination a response from the
Department] by May 11, 2003 shall submit the following:
(A) A Part 2 MACT application in
accordance with paragraph (a)(1)(iii) of this section or
(B) If needed, a new request for an
applicability determination not later than July 11, 2003.
[The Any such]new request shall include the following:
(I) [Identification of tT]he affected
112(j) source category for which the request is being made;
(II) [Description of tT]he specific
emission source(s) of concern;
(III) The specific language in the
EPA proposed standard associated with each specified
concern identified in paragraph (a)(1)(ii)(B)(II) of this
section; and
(IV) Any additional information,
as appropriate, that illustrates why a determination of
applicability is still required.
(ii iii) Submit to the Department a Part 2
MACT application according to paragraph 63.53(b) of this
subpart not later than 24 months following: the applicable
"Part 2 Due Date" listed in Table 52-1 of this section, unless
the Administrator has promulgated the final rule for the
applicable source category or subcategory on or before the
applicable "Part 2 Due Date".
(A) The submittal of the Part 1 MACT
application or
(B) The receipt of the Department's
positive applicability determination according to paragraph
(d)(1) of this section.
(iii iv)If desired, include with the Part 2 MACT
application submitted according to paragraph (a)(1)(ii iii) of
this section, a Part 3 MACT application according to
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1719
paragraph 63.53(c) of this subpart.
(2) The owner or operator of any source that has
received a final and legally effective case-by-case MACT
determination under Ssection 112(g) according to Sec. 63.43
of this subpart on or before the section 112(j) deadline shall
submit a Part 1 MACT application to the Department by the
section 112(j) deadline.
(b) Sources that become major affected 112(j) sources
after the section 112(j) deadline and that do not have a
permit addressing the section 112(j) requirements.
(1) The owner or operator of any source shall
comply with the paragraphs (b)(2) and (3) of this section,
when section 112(g) requirements are not invoked and when
that source would become an major affected 112(j) source
due to:
(i) Construction, reconstruction or
modification;
(ii) Relaxation of any state or federally
enforceable permit limitation; or
(iii) The Department, under subpart A of this
regulation, or the Administrator, under section 112(a)(1) of
the Act, establishes a lesser quantity emission threshold that
results in an area affected 112(j) source becoming an major
affected 112(j) source.
(2) The owner or operator of any source identified
in paragraph (b)(1) or (c)(2)(i) of this section shall submit
the following to the Department:
(i) Part 1, Part 2 and Part 3 MACT
applications according to paragraphs 63.53(a) through (c) of
this subpart.
Affected 112(j) Source Category
Flexible Polyurethane Foam Fabrication Operations
Coke Ovens: Pushing, Quenching, and Battery Stacks
Reinforced Plastic Composites Production
Semiconductor Manufacturing
Refractory Products Manufacturing (1)
Brick and Structural Clay Products Manufacturing
Clay Ceramics Manufacturing (2)
Asphalt Processing and Asphalt Roofing Manufacturing (3)
Integrated Iron and Steel Manufacturing
(ii) One of the following requests, as
appropriate.
(A) A request that any associated
Regulation 2 construction permit be processed according to
paragraph 11.2(j) of Regulation 2.
(B) A request that the relaxation of any
existing permit limitation specified in a Regulation 30 permit
be processed as a significant permit modification.
(C) A request that the relaxation of any
existing permit limitation specified in a Regulation 2
operating permit, where there is an associated pending initial
Regulation 30 permit, be processed according to paragraph
11.2(j) of Regulation 2.
(3) Where the relaxation of any existing permit
limitation specified in a Regulation 2 operating permit is
requested, and there is not an associated Regulation 30 or
pending initial Regulation 30 permit, operation as an major
affected 112(j) source shall not commence until a Regulation
30 permit that addresses the section 112(j) requirements is
issued by the Department.
(4) The owner or operator of any source that would
become an major affected 112(j) source due to construction
or reconstruction and section 112(g) requirements are
invoked shall apply for and obtain a final and legally
effective case-by-case MACT determination according to
Sec. 63.43 of this subpart.
Table 52-1 of Subpart B - Part 2 MACT Application Due
Date for Applicable 112(j) Source Categories
Subpart Part 2 Due Date
MMMMM [MayJune 15,
2003]
CCCCC [MayJune 15,
2003]
WWWW [MayJune 15,
2003]
BBBBB [MayJune 15,
2003]
SSSSS [MayJune 15,
2003]
JJJJJ [MayJune 15,
2003]
KKKKK [MayJune 15,
2003]
LLLLL [MayJune 15,
2003]
FFFFF [MayJune 15,
2003]
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1720 FINAL REGULATIONS
Hydrochloric Acid Production (Included Fume Silica Facilities) (4) NNNNN [MayJune 15,
Engine Test Cells/Stands (3)
Surface Coating of Metal Furniture
Printing, Coating, and Dyeing of Fabrics and Other Textiles
Surface Coating of Wood Building Products
Stationary Combustion Turbines
Lime Manufacturing Plants
Site Remediation
Iron and Steel Foundries
Taconite Iron Ore Processing
2003]
PPPPP [MayJune 15,
2003]
RRRR [MayJune 15,
2003]
OOOO [MayJune 15,
2003]
QQQQ [MayJune 15,
2003]
YYYY Oct. 30, 2003
AAAAA Oct. 30, 2003
GGGGG Oct. 30, 2003
EEEEE Oct. 30, 2003
RRRRR Oct. 30, 2003
Miscellaneous Organic Chemical Manufacturing & Miscellaneous Coating FFFF & Oct. 30, 2003
Manufacturing (5) HHHHH
Organic Liquids Distribution (Non-Gasoline) EEEE Oct. 30, 2003
Primary Magnesium Refining TTTTT Oct. 30, 2003
Surface Coating of Metal Cans KKKK Oct. 30, 2003
Surface Coating of Plastic Parts and Products PPPP Oct. 30, 2003
Mercury Cell Chlor-Alkali Plants (Chlorine Production) IIIII Oct. 30, 2003
Surface Coating of Miscellaneous Metal Parts and Products (includes Asphalt/Coal MMMM Oct. 30, 2003
Tar Coating of Metal Pipes) (3)
Industrial/Commercial/Institutional Boilers and Process Heaters (6) DDDDD Apr. 28, 2004
Plywood and Composite Wood Products DDDD Apr. 28, 2004
Stationary Reciprocating Internal Combustion Engines ZZZZ Apr. 28, 2004
Surface Coating of Automobiles and Light-Duty Trucks IIII Apr. 28, 2004
Industrial/Commercial/Institutional Boilers and Process Heaters (7) Aug. 13, 2005
Hydrochloric Acid Production (8)
Notes
(1) Includes Chromium Refractories Production.
(2) Two subcategories of Clay Products
Manufacturing.
(3) Two source categories.
(4) Includes all sources within the Hydrochloric Acid
Production standard that burn no hazardous waste and all
acid production sources at fume silica facilities.
(5) Covers the 23 source categories listed in Table 52-
2.
(6) Includes all sources in the Industrial/Commercial/
Institutional Boilers and Process Heaters standard that burn
no hazardous waste.
(7) Includes all sources in the Industrial/Commercial/
Institutional Boilers and Process Heaters standard that burn
hazardous waste.
Aug. 13, 2005
(8) Includes furnaces that produce acid from hazardous
waste at sources in the category Hydrochloric Acid
Production.
Table 52-2 of Subpart B - Applicable 112(j)
Subcategories under the Miscellaneous Organic Chemical
Manufacturing & Miscellaneous Coating Manufacturing
MACTs
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1721
Subcategories
Manufacture of Paints, Coatings, and Adhesives
Alkyd Resins Production
Maleic Anhydride Copolymers Production
Polyester Resins Production
Polymerized Vinylidene Chloride Production
Polymethyl Methacrylate Resins Production
Polyvinyl Acetate Emulsions Production
Polyvinyl Alcohol Production
Polyvinyl Butyral Production
Ammonium Sulfate Production--Caprolactam By-Product
Plants
Quaternary Ammonium Compounds Production
Benzyltrimethylammonium Chloride Production
Carbonyl Sulfide Production
Chelating Agents Production
Chlorinated Paraffins Production
Ethylidene Norbornene Production
Explosives Production
Hydrazine Production
OBPA/1,3-Diisocyanate Production
Photographic Chemicals Production
Phthalate Plasticizers Production
Rubber Chemicals Manufacturing
Symmetrical Tetrachloropyridine Production
(c) Sources that have a permit addressing the
section 112(j) requirements.
The requirements of paragraphs (c)(1) and (2) of
this section apply to major affected 112(j) sources that have
a permit addressing the section 112(j) requirements
according to Secs. 63.50 through 56 of this subpart, but
where changes to equipment, activities or both,
subsequently, occur at the source.
(1) If the existing permit already provides
the appropriate requirements that address the subsequent
changes that are to occur under paragraph (c) of this section,
then that source shall comply with the applicable new source
MACT requirements, and the section 112(j) requirements
are thus satisfied.
(2) If the existing permit does not provide
the appropriate requirements that address the subsequent
changes that are to occur under paragraph (c) of this section,
the owner or operator shall comply with paragraph (c)(2)(i)
or (ii) of this section, whichever appropriate.
(i) If section 112(g) requirements are
not invoked, the owner or operator of that source shall
comply with the provisions of paragraph (b)(2) of this
section.
(ii) If section 112(g) requirements are
invoked, the owner or operator of that source shall apply for
and obtain a final and legally effective case-by-case MACT
determination according to Sec. 63.43 of this subpart.
(d) Applicability and equivalency
determinations.
(1) Applicability Determinations.
(i) The Department shall review any
request for an applicability determination when requested to
do so according to paragraph (a)(1)(i)(B) of this section. If
the Department's applicability determination is positive, the
owner or operator shall comply with paragraphs (a)(1)(ii iii)
and (iii iv) of this section. If the Department's applicability
determination is negative, no further action by the owner or
operator is necessary.
(ii) The Department shall review any
request for an applicability determination resubmitted in
accordance with paragraph (a)(1)(ii)(B) of this section not
later than September 10, 2003. If the Department's
applicability determination is negative, no further action by
the owner or operator is necessary. If the Department's
applicability determination is positive, the owner or operator
shall comply with paragraphs (a)(1)(iii) and (iv) of this
section.
(2) For any Part 1 application
received pursuant to paragraph (a)(2) of this section, the
Department shall review the final and legally effective caseby-
case MACT determination approved according to Sec.
63.43 of this subpart. If the Department determines that the
emission limitations in that final and legally effective caseby-
case MACT determination are substantially as effective
as the emission limitations which the Department would
otherwise adopt to effectuate section 112(j) for that source,
then the Department shall retain the existing emission
limitations in the permit as the emission limitations to
effectuate section 112(j) by reopening the Regulation 30
permit for cause or amending the Regulation 2 permit
following the procedures in paragraphs 12.4 through 12.6 of
Regulation 2, as applicable. If the Department determines
that the emission limitations in that final and legally
effective case-by-case MACT determination are not
substantially as effective as the emission limitations which
the Department would otherwise adopt to effectuate section
112(j) for that source, then the Department shall impose the
requirements specified in paragraph (f)(3) of this section by
reopening the Regulation 30 permit for cause or amending
the Regulation 2 permit following the procedures in
paragraphs 12.4 through 12.6 of Regulation 2, as applicable.
(3) In issuing any final and legally
effective case-by-case MACT determination according to
Sec. 63.43 of this subpart after the section 112(j) deadline
(i.e., according to paragraph (b)(4) or (c)(2)(ii) of this
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1722 FINAL REGULATIONS
section), the Department shall specify in that determination
that the associated emission limitations effectuate both
section 112(g) and section 112(j) requirements.
(e) Completion determination and application
shield.
(1) Within 60 days of the receipt of the
Part 2 and/or Part 3 MACT application(s), the Department
shall notify the owner or operator in writing whether the
application is complete or incomplete. The Part 2 and/or Part
3 MACT application(s) shall be deemed complete unless the
Department notifies the owner or operator in writing within
60 days of the submittal that the application is incomplete.
(2) Following submittal of any
application, the Department may request additional
information from the owner or operator. The owner or
operator shall respond to such requests in a timely manner.
(3) If the owner or operator has submitted
timely and complete application(s) as required by this
section, any failure to have a Regulation 30 permit
addressing the section 112(j) requirements shall not be a
violation of section 112(j), unless the delay in final action is
due to the failure of the applicant to submit, in a timely
manner, information required or requested to process the
application. Once complete application(s) are submitted, the
owner or operator shall not be in violation of the requirement
to have a Regulation 30 permit addressing the section 112(j)
requirements.
(f) Permit issuance and content.
(1) For each Part 2 application received
according to paragraph (a) of this section, the Department
shall reopen the source's Regulation 30 permit for cause
according to the requirements of Regulation 30 and shall
impose the requirements in paragraph (f)(3) of this section,
as appropriate, through the Regulation 30 permit. If the
Department has not yet issued a Regulation 30 permit, the
Department shall revise the applicable Regulation 2
operating permit(s) using the procedures in paragraphs 12.4
through 12.6 of Regulation 2.
(2) For each Part 2 application received
according to paragraph (b) or (c) of this section, the
Department shall issue a Regulation 2 construction or
operating permit using the procedures of paragraph 11.2(j)
of Regulation 2, shall reopen the source's Regulation 30
permit for cause, shall revise the source's Regulation 30
permit as a significant permit revision or shall issue a
Regulation 30 permit, as applicable, to impose the
requirements in paragraph (f)(3) of this section, as
appropriate.
(3) Permit requirements for affected
112(j) sources.
(i) Identification of the affected
112(j) source and the new affected 112(j) source.
(ii) An equivalent emission
limitation established by the Department that reflects
existing source MACT requirements, for the equipment and
activities within the affected 112(j) source, based on the
degree of emission reductions that can be achieved if the
control technologies or work practices are installed,
maintained and operated properly.
(iii) An equivalent emission
limitation established by the Department that reflects new
source MACT requirements for the equipment and activities
within the affected 112(j) source, based on the degree of
emission reductions that can be achieved if the control
technologies or work practices are installed, maintained and
operated properly.
(iv) In lieu of paragraphs (f)(ii) and
(f)(iii) of this section, any specific design, equipment, work
practice or operational standard or combination thereof,
when the Administrator or Department determines that
hazardous air pollutants cannot be emitted through a
conveyance designed and constructed to capture such
pollutants, or that any requirement for, or use of, such a
conveyance would be inconsistent with any Federal, State or
local law, or the application of measurement methodology to
a particular class of sources is not practicable due to
technological and economic limitations.
(v) The appropriate provisions of
subpart A of this regulation and the information specified in
paragraphs (f)(3)(v)(A) through (C) of this section.
(A) Any additional emission
limits, production limits, operational limits or other terms
and conditions necessary to ensure practicable enforceability
of the MACT emission limitation.
(B) Compliance certifications,
testing, monitoring, reporting and record keeping
requirements that are consistent with requirements
established according to Regulation 30.
(C) Compliance dates by which
the owner or operator shall be in compliance with the MACT
emission limitation and all other applicable terms and
conditions of the permit.
(I) The owner or operator
of an major affected 112(j) source subject to paragraphs (a),
(b) or (c)(2) of this section shall comply with existing source
MACT requirements by the date established in the source's
Regulation 30 or Regulation 2 permit, as applicable. The
compliance date shall not be later than 3 years after the
issuance of the permit for that source, except where the
Department issues a permit that grants an additional year to
comply in accordance with section 112(i)(3)(B) of the Act or
unless otherwise specified in section 112(i).
(II) The owner or operator
of a new affected 112(j) source subject to paragraph (c)(1) of
this section shall comply with new source MACT
requirements immediately upon startup of the new affected
112(j) source.
(g) Permit issuance dates.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1723
The Department shall issue all permits that
address the requirements of this subpart in accordance with
the requirements of Regulation 2, 25, and/or 30 of the State
of Delaware "Regulations Governing the Control of Air
Pollution", as is applicable.
(h) MACT emission limitations.
(1) Owners or operators of affected 112(j)
sources subject to paragraph (a), (b) or (c)(2) of this section
shall comply with all requirements of Secs. 63.50 through 56
of this subpart that are applicable to affected 112(j) sources,
including the compliance date for affected 112(j) sources
established in paragraph (f)(3)(v)(C)(I) of this section.
(2) Owners or operators of new affected
112(j) sources subject to paragraph (c)(1) of this section
shall comply with all requirements of Secs. 63.50 through 56
of this subpart that are applicable to new affected 112(j)
sources, including the compliance date for new affected
112(j) sources established in paragraph (f)(3)(v)(C)(II) of
this section.
Sec. 63.53 Application content for case-by-case MACT
determinations.
(a) Part 1 MACT Application.
The Part 1 application for a MACT determination
shall contain the information in paragraphs (a)(1) through (4)
of this section.
(1) The name and address (physical location) of
the major source.
(2) A brief description of the major source and an
identification of the relevant source category.
(3) An identification of the types of sources
belonging to the relevant source category.
(4) An identification of any affected 112(j) sources
for which an application has been made for a final and
legally effective case-by-case MACT determination under
section 112(g) according to Secs. 63.40 through 44 of this
subpart.
(b) Part 2 MACT Application.
The Part 2 application for a MACT determination
shall contain the information in paragraphs (b)(1) through (5
6) of this section.
(1) For an affected 112(j) source subject to
construction, reconstruction or modification, the expected
commencement date of installation, the expected completion
date of installation and the anticipated date of startup of the
affected 112(j) source.
(2) The hazardous air pollutants emitted by each
affected 112(j) source in the relevant source category and an
estimated total uncontrolled and controlled emission rate for
hazardous air pollutants from the affected 112(j) source.
(3) Any existing Federal, State or local limitations
or requirements applicable to the affected 112(j) source.
(4) For each piece of equipment, activity or source,
an identification of control technology in place.
(5) Information relevant to establishing the MACT
floors.
(6) [The cC]ertification by a responsible official
of truth, accuracy, and completeness. This certification shall
be signed by a responsible official and shall contain the
following language: "I certify, based on information and
belief formed after reasonable inquiry, the statements and
information in the document are true, accurate, and
complete."
(c) Part 3 MACT Application.
The Part 3 application for a MACT determination
shall contain the information in paragraphs (c)(1) through (3
4) of this section.
(1) Recommended MACT floors, an emission
standard or emission limitation that is equivalent to existing
source MACT requirements and an emission standard or
emission limitation that is equivalent to new source MACT
requirements for the affected 112(j) source, and supporting
information consistent with paragraph 63.52(f) of this
subpart. The owner or operator may recommend a specific
design, equipment, work practice, operational standard or
combination thereof, as an emission limitation.
(2) Proposed control technology that, if properly
operated and maintained, will meet, at minimum, the
existing source and new source MACT requirements,
including identification of the affected 112(j) sources to
which the control technology shall be applied.
(3) Relevant parameters to be monitored and
frequency of monitoring to demonstrate continuous
compliance with the MACT emission limitation over the
applicable reporting period.
(4) [The cC]ertification by a responsible official
of truth, accuracy, and completeness. This certification shall
be signed by a responsible official and shall contain the
following language: "I certify, based on information and
belief formed after reasonable inquiry, the statements and
information in the document are true, accurate, and
complete."
Sec. 63.54 Pre-construction review procedures for
affected 112(j) sources.
The owner or operator who constructs, reconstructs or
modifies an affected 112(j) source after the section 112(j)
deadline shall follow the procedures established under
Regulations 2, 25 and/or 30 before commencing
construction, reconstruction, or modification of the affected
112(j) source.
Sec. 63.55 Maximum achievable control technology
(MACT) determinations for affected 112(j) sources subject
to case-by-case determination of equivalent emission
limitations.
(a) Determination of case-by-case MACT
requirements. The Department shall issue final and legally
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1724 FINAL REGULATIONS
effective case-by-case MACT determinations for affected
112(j) and new affected 112(j) sources that are consistent
with the existing source MACT and the new source MACT
requirements, as defined in Sec. 63.51 of this subpart.
(b) Reporting to the Administrator.
The owner or operator shall submit copies of the
Part 1, Part 2 and Part 3 MACT applications to the
Administrator at the same time these applications are
submitted to the Department.
Sec. 63.56 Requirements for case-by-case determination
of equivalent emission limitations after promulgation of
subsequent MACT standard.
(a) If the Administrator promulgates a relevant
emission standard that is applicable to one or more affected
112(j) sources that are located at a major source before the
date that the Department has issued a final and legally
effective case-by-case MACT determinations according to
paragraph 63.55(a) of this subpart, the Regulation 30 permit
shall contain the promulgated standard rather than the
emission limitation determined under Sec. 63.52 of this
subpart, and the owner or operator shall comply with the
promulgated standard by the compliance date in the
promulgated standard.
(b) If the Administrator promulgates a relevant
emission standard that is applicable to one or more affected
112(j) sources that are located at a major source on or after
the date that the Department has issued a final and legally
effective case-by-case MACT determinations according to
paragraph 63.55(a) of this subpart, the Department shall
incorporate requirements of that standard in the Regulation
30 permit upon its next renewal. The Department shall
establish a compliance date in the revised permit that assures
that the owner or operator shall comply with the
promulgated standard within a reasonable time, but not
longer than 8 years after such standard is promulgated or 8
years after the issuance of the final and legally effective
case-by-case MACT determinations according to paragraph
63.55(a) of this subpart, whichever is earlier. However, in no
event shall the period for compliance for existing sources be
shorter than that provided for existing sources in the
promulgated standard.
(c) Notwithstanding the requirements of paragraph (a)
or (b) of this section, the requirements of paragraphs (c)(1)
and (2) of this section shall apply.
(1) If the Administrator promulgates an emission
standard under section 112(d) or (h) of the Act that is
applicable to an affected 112(j) source after the date a final
and legally effective case-by-case MACT determination is
issued according to paragraph 63.55(a) of this subpart, the
Department is not required to change the emission limitation
in the permit to reflect the promulgated standard if the
Department determines that the level of control required in
that prior case-by-case MACT determinations is
substantially as effective as that required by the promulgated
standard according to Sec. 63.1(e) of subpart A of this
regulation.
(2) If the Administrator promulgates an emission
standard under section 112(d) or (h) of the Act that is
applicable to an affected 112(j) source after the date a final
and legally effective case-by-case MACT determination[s] is
issued according to paragraph 63.55(a) of this subpart and
the level of control required by the promulgated emission
standard is less stringent than the level of control required by
that prior case-by-case MACT determination, the
Department may, but is not required to incorporate any less
stringent emission limitation of the promulgated standard in
the Regulation 30 permit applicable to such source(s) and
shall consider any more stringent provisions of that prior
case-by-case MACT determination to be applicable legal
requirements when issuing or revising such a Regulation 30
permit.
DIVISION OF AIR AND WASTE MANAGEMENT
AIR QUALITY MANAGEMENT SECTION
Statutory Authority: 7 Delaware Code, Chapter 60
(7 Del.C. Ch. 60)
Secretary's Order No.: 2003-A-0022
Proposed Adoption of Subpart RRR into Regulation No.
38: Emission Standards for Hazardous Air Pollutants
for Secondary Aluminum Production
ORDER
I. Background
On March 27, 2003 a public hearing was held in the
DNREC Auditorium in Dover to receive comment on the
proposed adoption of Subpart RRR into Regulation No. 38
concerning emission standards for hazardous air pollutants
for secondary aluminum production. Delaware is proposing
the adoption of Subpart RRR into the aforementioned
Regulation as part of its requirements to maintain
equivalency with its program authorization and equivalency
with EPA's air toxics program.
This proposed amendment to Regulation 38 is for the
adoption of the Federal standard that applies to secondary
aluminum production facilities which perform one or more
of the following processes: scrap shredding, scrap drying/
delacquering/decoating, thermal chip drying, furnace
operations, recovering aluminum from dross, inline fluxing,
or dross cooling.
Prior to this public hearing, a public workshop was held
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1725
on February 19, 2003 regarding the proposed adoption of
Subpart RRR, however, no one from the public attended the
workshop. It should be noted, however, that the same
presentation prepared by the Department for this workshop
was given privately to Mr. Jack Fitzgerald of Fitzgerald's
Auto Salvage in Lincoln, Delaware, on March 5, 2003, due
to Mr. Fitzgerald's facility being the only known source
currently planning to operate a sweat furnace under the
requirements of Subpart RRR. No member of the public
attended the hearing on March 27, 2003. Proper notice of the
hearing was provided as required by law.
After the hearing, the Department performed an
evaluation of the evidence entered into the record in this
matter. Thereafter, the Hearing Officer prepared his report
and recommendation in the form of a memorandum to the
Secretary dated April 14, 2003, and that memorandum is
expressly incorporated herein by reference.
II. Findings and Conclusions
All of the findings and conclusions contained in the
Hearing Officer's Memorandum dated April 14, 2003 are
expressly incorporated herein and explicitly adopted as the
findings and conclusions of the Secretary.
III. Order
In view of the above, I hereby order that the proposed
adoption of Subpart RRR into Regulation No. 38 be
promulgated and implemented in the manner and form
provided for by law, as recommended in the Hearing
Officer's memorandum.
IV. Reasons
Adopting Subpart RRR into Regulation No. 38 will be
beneficial to the State of Delaware, in that it will enable the
State of Delaware to improve and/or enhance the overall
performance of the Department's Division of Air Quality
Management program. Furthermore, the adoption of Subpart
RRR will permit the State of Delaware to remain main
current with the Federal standard that applies to secondary
aluminum production facilities, and will also help the
Department to protect the public health, safety and welfare,
in furtherance of the policy and purposes of 7 Del. C., Ch.
60.
John A. Hughes, Secretary
The Department is amending Regulation 38 by adding
Subpart RRR, which follows. Subpart RRR does not change
any of the existing subparts of Regulation 38 and shall be
placed following Subpart T.
[5/11/2003 6/11/2003]
Subpart RRR Emission Standards for Hazardous Air
Pollutants for Secondary Aluminum
Production
The provisions of Subpart RRR - National Emission
Standards for Secondary Aluminum Production, of Title 40,
Part 63 of the Code of Federal Regulations, dated July 1,
2002 and as amended on Sept. 24, 2002 and Dec. 30, 2002,
are hereby adopted by reference with the following changes:
(a) "Department" shall replace all instances of
"permitting authority", "permitting agency", "responsible
permitting authority", and "applicable permitting agency".
(b) Paragraph 63.1500(e) shall be replaced with the
following language: "The owner or operator of a secondary
aluminum production facility subject to the provisions of this
subpart, is subject to the title V permitting requirements
under Regulation 30. The Department defers the affected
facility from the title V permitting requirements until
December 9, 2004, if the secondary aluminum production
facility is not a major source and is not located at a major
source as defined in subpart A of this regulation, and is not
otherwise required to obtain a title V permit. All sources
receiving a deferral under this section shall submit a title V
permit application by December 9, 2005. The affected
facility shall comply with the provisions of this subpart
applicable to area sources if a deferral from title V
permitting requirements has been granted to the facility by
the Department."
(c) Add the following language after Section 63.1500:
"[65 FR 15710, March 23, 2000; as amended at 67 FR
79815, Dec. 30, 2002]".
(d) Except in paragraph 63.1502(a), the following dates
shall be replaced by the date [May June] 11, 2003:
(i) March 23, 2000;
(ii) March 24, 2003.
(e) Add the following language after Section 63.1501:
"[65 FR 15710, March 23, 2000; as amended at 67 FR
59791, Sept. 24, 2002]".
(f) The entire paragraph 63.1502(a) shall be replaced
with the following language: "The following material is
incorporated by reference in the corresponding sections
noted. This material is incorporated as it exists on March 23,
2000:
(1) Chapters 3 and 5 of "Industrial Ventilation: A
Manual of Recommended Practice," American Conference
of Governmental Industrial Hygienists, (23rd edition, 1998),
IBR approved for Sec. 63.1506(c);
(2) "Interim Procedures for Estimating Risks
Associated with Exposures to Mixtures of Chlorinated
Dibenzo-p-Dioxins and -Dibenzofurans (CDDs and CDFs)
and 1989 Update" (EPA/625/3-89/016); and
(3) "Fabric Filter Bag Leak Detection Guidance,"
(September 1997)."
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1726 FINAL REGULATIONS
(g) Paragraph 63.1502(b)(1) shall be replaced with the
following language: "Customer Service Department,
American Conference of Governmental Industrial
Hygienists (ACGIH), 1330 Kemper Meadow Drive,
Cincinnati, OH 45240-1634, telephone number (513) 742-
2020;".
(h) Paragraph 63.1502(b)(2) shall be replaced with the
following language: "The National Technical Information
Service (NTIS), 5285 Port Royal Road, Springfield, VA,
NTIS no. PB 90-145756; and".
(i) Paragraph 63.1502(b)(3) shall be added with the
following language: "U.S. Environmental Protection
Agency; Office of Air Quality Planning and Standards;
Emissions, Monitoring and Analysis Division; Emission
Measurement Center (MD-19), Research Triangle Park, NC
27711."
(j) The opening sentence of Section 63.1503 shall be
replaced with the following language: "Unless defined
below, all terms in this subpart have the meanings given
them in the Act or in subpart A of this regulation:".
(k) The definition of Cover flux in Section 63.1503
shall be replaced with the following language: "Cover flux
means salt(s) added to the surface of molten aluminum in a
group 1 or group 2 furnace, without agitation of the molten
aluminum, for the purpose of preventing oxidation."
(l) The definition of HCl in Section 63.1503 shall be
replaced with the following language: "HCl means, for the
purposes of this subpart, emissions of hydrogen chloride that
serve as a surrogate measure of the total emissions of
hydrogen chloride, hydrogen fluoride, and chlorine."
(m) The definition of Sweat furnace in Section 63.1503
shall be replaced with the following language: "Sweat
furnace means a furnace used exclusively to reclaim
aluminum from scrap that contains substantial quantities of
metal by using heat to separate the low-melting point
aluminum from the scrap while the higher melting-point
metal remains in solid form. These units are also commonly
known as dry hearth furnaces."
(n) The definition of TEQ in Section 63.1503 shall be
replaced with the following language: "TEQ means the
international method of expressing toxicity equivalents for
dioxins and furans as defined in "Interim Procedures for
Estimating Risks Associated with Exposures to Mixtures of
Chlorinated Dibenzo-p-Dioxins and -Dibenzofurans (CDDs
and CDFs) and 1989 Update" (EPA-625/3-89-016)."
(o) Add the following language after Section 63.1503:
"[65 FR 15710, March 23, 2000; as amended at 67 FR
79815, Dec. 30, 2002]".
(p) Paragraph 63.1505(a) shall be replaced with the
following language: "Summary. The owner or operator of a
new or existing affected source must comply with each
applicable limit in this section. Table 1505-1 of this subpart
summarizes the emission standards for each type of source."
(q) Paragraph 63.1505(e) shall be replaced with the
following language: "Scrap dryer/delacquering kiln/
decoating kiln: alternative limits. The owner or operator of a
scrap dryer/delacquering kiln/decoating kiln may choose to
comply with the emission limits in this paragraph (e) as an
alternative to the limits in paragraph (d) of this section if the
scrap dryer/delacquering kiln/decoating kiln is equipped
with an afterburner having a design residence time of at least
1 second and the afterburner is operated at a temperature of
at least 760 deg.C (1400 deg.F) at all times. On and after the
compliance date established by Sec. 63.1501:".
(r) Paragraph 63.1505(f)(1) shall be replaced with the
following language: "The owner or operator is not required
to conduct a performance test to demonstrate compliance
with the emission standard of paragraph (f)(2) of this
section, provided that, on and after the compliance date of
this rule, the owner or operator operates and maintains an
afterburner with a design residence time of 0.8 seconds or
greater and an operating temperature of 872 deg.C (1600
deg.F) or greater."
(s) Paragraph 63.1505(j)(1) shall be replaced with the
following language: "0.02 kg of HCl per Mg (0.04 lb. of HCl
per ton) of feed/charge, and".
(t) Replace the definition of Tti in paragraph
63.1505(k)(1) with the following language: "Tti = The feed/
charge rate, for an operating cycle, for individual emission
unit i; and".
(u) Replace the definition of LtiHCl in paragraph
63.1505(k)(2) with the following language: "LtiHCl = The
HCl emission limit for individual emission unit i in
paragraph (i)(4) of this section for a group 1 furnace or in
paragraph (j)(1) of this section for an in-line fluxer and".
(v) Paragraph 63.1505(k)(6) shall be replaced with the
following language: "With the prior approval of the
Department, an owner or operator may redesignate any
existing group 1 furnace or in-line fluxer at a secondary
aluminum production facility as a new emission unit. Any
emission unit so redesignated may thereafter be included in a
new SAPU at that facility. Any such redesignation will be
solely for the purpose of this regulation and will be
irreversible."
(w) Add the following language after Section 63.1505:
"[65 FR 15710, March 23, 2000; as amended at 67 FR
59791, Sept. 24, 2002; 67 FR 79815, Dec. 30, 2002]".
(x) Paragraph 63.1506(a)(4) shall be replaced with the
following language: "Operating requirements are
summarized in Table 1506-1 of this subpart."
(y) Paragraph 63.1506(b) shall be replaced with the
following language: "Labeling. The owner or operator must
provide and maintain easily visible labels posted at each
sweat furnace, group 1 furnace, group 2 furnace, in-line
fluxer and scrap dryer/delacquering kiln/decoating kiln that
identifies the applicable emission limits and means of
compliance, including:".
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FINAL REGULATIONS 1727
(z) Paragraph 63.1506(b)(1) shall be replaced with the
following language: "The type of affected source or
emission unit (e.g., scrap dryer/delacquering kiln/decoating
kiln, sweat furnace, group 1 furnace, group 2 furnace, in-line
fluxer)."
(aa) Paragraph 63.1506(b)(3) shall be replaced with
the following language: "The afterburner operating
temperature and design residence time for a scrap dryer/
delacquering kiln/decoating kiln or sweat furnace."
(bb) Paragraph 63.1506(d)(1) shall be replaced with
the following language: "Except as provided in paragraph
(d)(3) of this section, install and operate a device that
measures and records or otherwise determines the weight of
feed/charge (or throughput) for each operating cycle or time
period used in the performance test."
(cc) Paragraph 63.1506(e)(3) shall be replaced with
the following language: "If visible emission observations are
used to meet the monitoring requirements in Sec. 63.1510,
the owner or operator must initiate corrective action within
1-hour of any observation of visible emissions in excess of
10 percent opacity during a daily visible emissions test and
complete the corrective action procedures in accordance
with the OM&M plan."
(dd) Paragraph 63.1506(h)(1)(ii) shall be replaced
with the following language: "872 deg.C (1600 deg.F) if a
performance test was not conducted, and the afterburner
meets the specifications of Sec. 63.1505(f)(1)."
(ee) Add the following language after Section
63.1506: "[65 FR 15710, March 23, 2000; as amended at 67
FR 59791, Sept. 24, 2002; 67 FR 79815, Dec. 30, 2002]".
(ff) Paragraph 63.1510(a) shall be replaced with
the following language: "Summary. On and after the
compliance date established by Sec. 63.1501, the owner or
operator of a new or existing affected source or emission unit
must monitor all control equipment and processes according
to the requirements in this section. Monitoring requirements
for each type of affected source and emission unit are
summarized in Table 1510-1 of this subpart."
(gg) Paragraph 63.1510(b) shall be replaced with
the following language: "Operation, maintenance, and
monitoring (OM&M) plan. The owner or operator must
prepare and implement for each new or existing affected
source and emission unit, a written OM&M plan. The owner
or operator of an existing affected source must submit the
OM&M plan to the Department no later than the compliance
date established by Sec. 63.1501(a). The owner or operator
of any new affected source must submit the OM&M plan to
the Department within 90 days after a successful initial
performance test under Sec. 63.1511(b), or within 90 days
after the compliance date established by Sec. 63.1501(b) if
no initial performance test is required. The plan must be
accompanied by a written certification by the owner or
operator that the OM&M plan satisfies all requirements of
this section and is otherwise consistent with the requirements
of this subpart. The owner or operator must comply with all
of the provisions of the OM&M plan as submitted to the
Department, unless and until the plan is revised in
accordance with the following procedures. If the
Department determines at any time after receipt of the
OM&M plan that any revisions of the plan are necessary to
satisfy the requirements of this section or this subpart, the
owner or operator must promptly make all necessary
revisions and resubmit the revised plan. If the owner or
operator determines that any other revisions of the OM&M
plan are necessary, such revisions will not become effective
until the owner or operator submits a description of the
changes and a revised plan incorporating them to the
Department. Each plan must contain the following
information:".
(hh) Paragraph 63.1510(b)(4)(ii) shall be replaced
with the following language: "Procedures for the quality
control and quality assurance of continuous emission or
opacity monitoring systems as required by the general
provisions in subpart A of this regulation."
(ii) Paragraph 63.1510(b)(6)(i) shall be replaced with
the following language: "Procedures to determine and record
the cause of a deviation or excursion, and the time the
deviation or excursion began and ended; and"
(jj) Paragraph 63.1510(c) shall be replaced with the
following language: "Labeling. The owner or operator must
inspect the labels for each group 1 furnace, group 2 furnace,
in-line fluxer, sweat furnace, and scrap dryer/delacquering
kiln/decoating kiln at least once per calendar month to
confirm that posted labels as required by the operational
standard in Sec. 63.1506(b) are intact and legible."
(kk) Paragraphs 63.1510(e)(2) and
63.1510(j)(1)(iii) shall be replaced with the following
language: "The owner or operator must verify the calibration
of the weight measurement device in accordance with the
schedule specified by the manufacturer, which shall not
exceed 6 months, or if no calibration schedule is specified, at
least once every 6 months.
(ll) Paragraph 63.1510(f)(1)(ii) shall be replaced with
the following language: "Each triboelectric bag leak
detection system must be installed, calibrated, operated, and
maintained according to the "Fabric Filter Bag Leak
Detection Guidance," (September 1997). Other bag leak
detection systems must be installed, operated, calibrated, and
maintained in a manner consistent with the manufacturer's
written specifications and recommendations."
(mm) Paragraph 63.1510(g)(1) shall be replaced with
the following language: "The owner or operator must install,
calibrate, maintain, and operate a device to continuously
monitor and record the operating temperature of the
afterburner consistent with the requirements for continuous
monitoring systems in subpart A of this regulation."
(nn) Paragraph 63.1510(h)(1) shall be replaced with
the following language: "The owner or operator must install,
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1728 FINAL REGULATIONS
calibrate, maintain, and operate a device to continuously
monitor and record the temperature of the fabric filter inlet
gases consistent with the requirements for continuous
monitoring systems in subpart A of this regulation."
(oo) Paragraph 63.1510(i)(1)(ii) shall be replaced
with the following language: "Subject to the approval of the
Department, installing, operating and maintaining a load
cell, carrier gas/lime flow indicator, carrier gas pressure drop
measurement system or other system to confirm that lime is
free-flowing. If lime is found not to be free-flowing, the
owner or operator must promptly initiate and complete
corrective action; or".
(pp) Paragraph 63.1510(j)(5) shall be replaced with
the following language: "The owner or operator of a group 1
furnace or in-line fluxer performing reactive fluxing may
apply to the Administrator for approval of an alternative
method for monitoring and recording the total reactive flux
addition rate based on monitoring the weight or quantity of
reactive flux per ton of feed/charge for each operating cycle
or time period used in the performance test [The
Administrator will not approve the alternative
monitoring method unless the owner or operator
provides assurance through data and information that
the affected source will meet the relevant emission
standards on a continuous basis. in accordance with 40
CFR 63.1510(j)(5) (July 1, 2002 edition)]"
(qq) Paragraph 63.1510(n)(2) shall be replaced with
the following language: "Submit a certification of
compliance with the operational standards in Sec.
63.1506(m)(6) for each 6-month reporting period. Each
certification must contain the information in Sec.
63.1516(b)(2)(iii)."
(rr) Paragraph 63.1510(o)(1)(i) shall be replaced
with the following language: "The owner or operator of an
existing affected source must submit the site-specific
monitoring plan to the Department for review at least 6
months prior to the compliance date, but no earlier than May
11, 2003."
(ss) Paragraph 63.1510(o)(5) shall be replaced with
the following language: "If a continuous emission
monitoring system is included in a site-specific monitoring
plan, the plan must include provisions for the installation,
operation, and maintenance of the system to provide qualityassured
measurements in accordance with all applicable
requirements of the general provisions in subpart A of this
regulation."
(tt) Paragraph 63.1510(s)(1)(iv) shall be replaced
with the following language: "Information and data
demonstrating compliance for each emission unit with all
applicable design, equipment, work practice, or operational
standards of this subpart; and".
(uu) Paragraph 63.1510(s)(2)(i) shall be replaced
with the following language: "Any averaging among
emissions of differing pollutants;".
(vv) Replace the definition of n in paragraph
63.1510(t)(4) with the following language: "n = The number
of emission units in the secondary aluminum processing
unit."
(ww) Paragraph 63.1510(v) shall be replaced with
the following language: "Alternative monitoring method for
lime addition. The owner or operator of a lime-coated fabric
filter that employs intermittent or noncontinuous lime
addition may apply to the Administrator for approval of an
alternative method for monitoring the lime addition schedule
and rate based on monitoring the weight of lime added per
ton of feed/charge for each operating cycle or time period
used in the performance test [ The Administrator will not
approve the alternative monitoring method unless the
owner or operator provides assurance through data and
information that the affected source will meet the
relevant emission standards on a continuous basis. in
accordance with 40 CFR 63.1510(v) (July 1, 2002 edition)
]."
(xx) Paragraph 63.1510(w) shall be replaced with
the following language: "Alternative monitoring methods. If
an owner or operator wishes to use an alternative monitoring
method to demonstrate compliance with any emission
standard in this subpart, other than those alternative
monitoring methods which may be authorized pursuant to
Sec. 63.1510(j)(5) and Sec. 63.1510(v), the owner or
operator may submit an application to the Administrator
(with a copy sent to the Department) [Any such application
will be processed according to the criteria and
procedures set forth in paragraphs (w)(1) through (6) of
this section. in accordance with 40 CFR 63.1510(w) (July
1, 2002 edition). The owner or operator must continue to
use the original monitoring requirement until approval is
received from the Administrator to use another
monitoring procedure, and the Department has been
provided a copy of such approval by the owner or
operator.]"
(yy) Paragraph 63.1510(w)[(2)] (1) through (6)
shall be deleted. [shall be replaced with the following
language: "The owner or operator must continue to use
the original monitoring requirement until necessary data
are submitted, approval is received from the
Administrator to use another monitoring procedure, and
the Department has been provided a copy of such
approval by the owner or operator."]
(zz) Paragraph 63.1510(w)(4)(i) shall be replaced
with the following language: "Notice of the information and
findings upon which the intended disapproval is based and".
(aaa) Add the following language after Section
63.1510: "[65 FR 15710, March 23, 2000; as amended at 67
FR 59791, Sept. 24, 2002; 67 FR 79815, Dec. 30, 2002]".
(bbb) Paragraph 63.1511(b) shall be replaced with
the following language: "Initial performance test. Following
approval of the site-specific test plan, the owner or operator
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1729
must demonstrate initial compliance with each applicable
emission, equipment, work practice, or operational standard
for each affected source and emission unit, and report the
results in the notification of compliance status report as
described in Sec. 63.1515(b). The owner or operator of any
existing affected source for which an initial performance test
is required to demonstrate compliance must conduct this
initial performance test no later than the date for compliance
established by Sec. 63.1501(a). The owner or operator of
any new affected source for which an initial performance test
is required must conduct this initial performance test within
90 days after the date for compliance established by Sec.
63.1501(b). Except for the date by which the performance
test must be conducted, the owner or operator must conduct
each performance test in accordance with the requirements
and procedures set forth in Sec. 63.7(e). Owners or
operators of affected sources located at facilities which are
area sources are subject only to those performance testing
requirements pertaining to D/ F. Owners or operators of
sweat furnaces meeting the specifications of Sec.
63.1505(f)(1) are not required to conduct a performance
test."
(ccc) Add the following language after Section
63.1511: "[65 FR 15710, March 23, 2000; as amended at 67
FR 59791, Sept. 24, 2002; 67 FR 79815, Dec. 30, 2002]".
(ddd) Paragraph 63.1512(e) shall be replaced with
the following language: "Group 1 furnace (including
melting/holding furnaces) without add-on air pollution
control devices. In the site-specific monitoring plan required
by Sec. 63.1510(o), the owner or operator of a group 1
furnace (including melting/holding furnaces) without add-on
air pollution control devices must include data and
information demonstrating compliance with the applicable
emission limits."
(eee) Paragraph 63.1512(m)(1) shall be replaced
with the following language: "Prior to the initial
performance test, the owner or operator must conduct a
performance evaluation for the temperature monitoring
device according to the requirements of Sec. 63.8 of this
regulation."
(fff) Replace the definition of W1 in paragraph
63.1512(o)(3) with the following language: "W1 = Weight of
reactive flux gas or liquid injected;".
(ggg) Replace the definition of F2 in paragraph
63.1512(o)(3) with the following language: "F2 = Fraction of
solid reactive chloride flux that is chlorine (e.g., F = 0.75 for
magnesium chloride); and".
(hhh) Paragraph 63.1512(o)(5) shall be replaced with
the following language: "If a solid reactive flux other than
magnesium chloride is used, the owner or operator must
derive the appropriate proportion factor (F1 or F2) subject to
approval by the Department."
(iii) Paragraph 63.1512(r) shall be replaced with the
following language: "Labeling. The owner or operator of
each scrap dryer/delacquering kiln/decoating kiln, group 1
furnace, group 2 furnace, sweat furnace, and in-line fluxer
must submit the information described in Sec. 63.1515(b)(3)
as part of the notification of compliance status report to
document conformance with the operational standard in Sec.
63.1506(b)."
(jjj) Paragraph 63.1512(s) shall be replaced with
the following language: "Capture/collection system. The
owner or operator of a new or existing affected source or
emission unit with an add-on control device must submit the
information described in Sec. 63.1515(b)(5) as part of the
notification of compliance status report to document
conformance with the operational standard in Sec.
63.1506(c)."
(kkk) Add the following language after Section
63.1512: "[65 FR 15710, March 23, 2000; as amended at 67
FR 79815, Dec. 30, 2002]".
(lll) Paragraph 63.1513(d) shall be replaced with
the following language: "Conversion of D/F measurements
to TEQ units. To convert D/F measurements to TEQ units,
the owner or operator must use the procedures and equations
in "Interim Procedures for Estimating Risks Associated with
Exposures to Mixtures of Chlorinated Dibenzo-p-Dioxins
and -Dibenzofurans (CDDs and CDFs) and 1989 Update"
(EPA-625/3-89-016)."
(mmm) The opening of Paragraph 63.1513(e)(3) shall
be replaced with the following language: "Use Equation 11
to compute the aluminum mass-weighted D/F emissions for
the secondary aluminum processing unit. Compliance is
achieved if the mass-weighted emissions for the secondary
aluminum processing unit (EcD/F) is less than or equal to the
emission limit for the secondary aluminum processing unit
(LcD/F) calculated using Equation 3 in Sec. 63.1505(k)."
(nnn) Paragraph 63.1515(a)(3) shall be replaced with
the following language: "As required by Sec. 63.9(b)(4), the
owner or operator of a new or reconstructed major affected
source or of a source that has been reconstructed such that
the source becomes a major affected source, that has an
initial startup after the effective date of this subpart and for
which an application for approval of construction or
reconstruction is required by Sec. 63.5(d) must provide the
following notifications:".
(ooo) Paragraph 63.1515(a)(3)(i) shall be replaced
with the following language: "Intention to construct a new
major affected source, reconstruct a major source, or
reconstruct a source such that the source becomes a major
affected source;".
(ppp) Paragraph 63.1515(a)(4)(i) shall be replaced
with the following language: "[Reserved]."
(qqq) Paragraph 63.1515(a)(4)(ii) shall be replaced
with the following language: "[Reserved]."
(rrr) Paragraph 63.1515(a)(6) shall be replaced with
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1730 FINAL REGULATIONS
the following language: "As required by Sec. 63.9(e) and (f),
the owner or operator must provide notification of the
anticipated date for conducting performance tests and visible
emission observations. The owner or operator must notify
the Department of the intent to conduct a performance test at
least 60 days before the performance test is scheduled;
notification of opacity or visible emission observations for a
performance test must be provided at least 30 days before the
observations are scheduled to take place."
(sss) Paragraph 63.1515(b) shall be replaced with
the following language: "Notification of compliance status
report. Each owner or operator of an existing affected
source must submit a notification of compliance status report
within 60 days after the compliance dates specified in Sec.
63.1501(a). Each owner or operator of a new affected source
must submit a notification of compliance status report within
90 days after conducting the initial performance test required
by Sec. 63.1511(b), or within 90 days after the compliance
date established by Sec. 63.1501(b) if no initial performance
test is required. The notification must be signed by the
responsible official who must certify its accuracy. A
complete notification of compliance status report must
include the information specified in paragraphs (b)(1)
through (10) of this section and shall be submitted to the
Department (with a copy sent to the Administrator). The
required information may be submitted in an operating
permit application, in an amendment to an operating permit
application, in a separate submittal, or in any combination.
If an owner or operator submits the information specified in
this section at different times or in different submittals, later
submittals may refer to earlier submittals instead of
duplicating and resubmitting the information previously
submitted. A complete notification of compliance status
report must include:"
(ttt) Paragraph 63.1515(b)(8) shall be replaced with
the following language: "Manufacturer's specification or
analysis documenting the design residence time of no less
than 0.8 seconds and design operating temperature of no less
than 872 deg.C (1600 deg.F) for each afterburner used to
control emissions from a sweat furnace that is not subject to
a performance test."
(uuu) Paragraph 63.1515(b)(10) shall be replaced
with the following language: "Startup, shutdown, and
malfunction (SSM) plan, with revisions."
(vvv) Add the following language after Section
63.1511: "[65 FR 15710, March 23, 2000; as amended at 67
FR 59791, Sept. 24, 2002; 67 FR 79815, Dec. 30, 2002]".
(www) Paragraph 63.1516(a) shall be replaced with
the following language: "Startup, shutdown, and
malfunction plan/reports. The owner or operator must
develop and implement a written plan as described in Sec.
63.6(e)(3) that contains specific procedures to be followed
for operating and maintaining the source during periods of
startup, shutdown, and malfunction, and a program of
corrective action for malfunctioning process and air
pollution control equipment used to comply with the
standard. The owner or operator shall also keep records of
each event as required by Sec. 63.10(b) and record and
report if an action taken during a startup, shutdown, or
malfunction is not consistent with the procedures in the plan
as described in Sec. 63.6(e)(3) and Sec. 63.10(d)(5). In
addition to the information required in Sec. 63.6(e)(3), the
plan must include:".
(xxx) Paragraph 63.1516(b)(1)(v) shall be replaced
with the following language: "An action taken during a
startup, shutdown, or malfunction was not consistent with
the procedures in the SSM plan as described in Sec.
63.6(e)(3)."
(yyy) Paragraph 63.1516(b)(2)(vi) shall be replaced
with the following language: "For each in-line fluxer using
no reactive flux: "Only nonreactive, non-HAP-containing/
non-HAP-generating flux gases, agents, or materials were
used at any time during this reporting period.""
(zzz) Paragraph 63.1516(c) shall be replaced with
the following language: "Annual compliance certifications.
For the purpose of annual certifications of compliance
required by Regulation 30, the owner or operator must
certify continuing compliance based upon, but not limited to,
the following conditions:".
(aaaa) Paragraph 63.1516(d) shall be added with the
following language: "Submittals. The owner or operator
shall submit all reports, notifications, and/or certifications
required by this subpart to the Department[, (with a copy
sent to the EPA Region 3 office, to the attention of
Judithy Katz (3AP00), Director, Air Protection Division,
US EPA Region III, 1650 Arch Street, Philadelphia, PA
19103) with a copy sent to the Director of the Air
Protection Division at the EPA Region 3 office]."
(bbbb) Paragraph 63.1517(a) shall be replaced with
the following language: "As required by Sec. 63.10(b), the
owner or operator shall maintain files of all information
(including all reports and notifications) required by Sec.
63.10 and this subpart."
(cccc) Paragraph 63.1517(a)(2) shall be replaced with
the following language: "The owner or operator may retain
records on microfilm, computer disks, magnetic tape, or
microfiche."
(dddd) Paragraph 63.1517(b)(4)(i) shall be replaced
with the following language: "Records of inspections at least
once every 8-hour period verifying that lime is present in the
feeder hopper or silo and flowing, including any inspection
where blockage is found, with a brief explanation of the
cause of the blockage and the corrective action taken, and
records of inspections at least once every 4-hour period for
the subsequent 3 days. If flow monitors, pressure drop
sensors or load cells are used to verify that lime is present in
the hopper and flowing, records of all monitor or sensor
output including any event where blockage was found, with
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
FINAL REGULATIONS 1731
a brief explanation of the cause of the blockage and the
corrective action taken."
(eeee) Add the following language after Section
63.1511: "[65 FR 15710, March 23, 2000; as amended at 67
FR 79815, Dec. 30, 2002]".
(ffff) Section 63.1518 shall be replaced with the
following language: "Owners or operators of affected
sources subject to the provisions of this subpart must also
comply with the requirements of subpart A of this
regulation, according to the applicability of subpart A of this
regulation to such sources as identified in Table 1 of this
subpart."
(gggg) Section 63.1519 shall be renamed with the
following language: "[Reserved]".
(hhhh) The entire content of Paragraph 63.1519(a) as
promulgated shall be deleted and its heading shall be
replaced with the following language: "(a) [Reserved]."
(iiii) The entire content of Paragraph 63.1519(b) as
promulgated shall be deleted and its heading shall be
replaced with the following language: "(b) [Reserved]."
(jjjj) Replace the title of Table 1 following Section
63.1520 with the following title: "Table 1505-1 of Subpart
RRR - Emission Standards for New and Existing Affected
Sources".
(kkkk) Replace the definition of LtiD/F in Table 1505-
1 of Subpart RRR with the following language: "LtiD/F = the
D/F emission limit for individual emission unit i in the
secondary aluminum processing unit [µg TEQ/Mg (gr TEQ/
ton) of feed];".
(llll) Replace the title of Table 2 following Section
63.1520 with the following title: "Table 1506-1 of Subpart
RRR.-Summary of Operating Requirements for New and
Existing Affected Sources and Emission Units".
(mmmm) In Table 1506-1 of Subpart RRR, the third
entry in the "Affected source/emission unit" column is
replaced with the following language: "Group 1 furnace,
group 2 furnace, in-line fluxer, sweat furnace, and scrap
dryer/delacquering kiln/decoating kiln."
(nnnn) In Table 1506-1 of Subpart RRR, the third
entry in the "Operating requirements" column is replaced
with the following language: "Identification, operating
parameter ranges and operating requirements posted at
affected sources and emission units; control device
temperature and residence time requirements posted at scrap
dryer/delacquering kiln/decoating kiln or sweat furnace.
(oooo) Replace the title of Table 3 following Section
63.1520 with the following title: "Table 1510-1 of Subpart
RRR.-Summary of Monitoring Requirements for New and
Existing Affected Sources and Emission Units".
(pppp) In Table 1510-1 of Subpart RRR, the third
entry in the "Affected source/Emission unit" column is
replaced with the following language: "Group 1 furnace,
group 2 furnace, in-line fluxer, sweat furnace, and scrap
dryer/delacquering kiln/decoating kiln."
(qqqq) In Table 1510-1 of Subpart RRR, all entries in
the "Monitoring requirements" column of "40 CFR part 63"
are replaced with "this regulation".
(rrrr) In Table 1510-1 of Subpart RRR, the
fourteenth entry in the "Monitoring requirements" column is
replaced with the following language: "For continuous
injection systems, inspect each feed hopper or silo every 8
hrs to verify that lime is free-flowing; record results of each
inspection. If blockage occurs, inspect every 4 hrs for 3 days;
return to 8-hr inspections if corrective action results in no
further blockage during 3-day period; record feeder setting
daily."
(ssss) In Table 1510-1 of Subpart RRR, the thirtyseventh
entry in the "Monitoring requirements" column is
replaced with the following language: "Record type of
permissible feed/charge material; certify charge materials
every 6 months."
(tttt) Replace the title of Appendix A following
Section 63.1520 with the following title: "Table 1 of Subpart
RRR of Regulation 38-Subpart A (General Provisions)
Applicability to Subpart RRR".
(uuuu) In Table 1 of Subpart RRR, the comment for
Section 63.1(c)(2) under "Citation" shall be replaced with
the following language: "States have option to defer area
sources from title V permit program."
(vvvv) In Table 1 of Subpart RRR, Section 63.7(a)-(h)
under "Citation" shall be replaced with the following
language: "63.7(a)".
(wwww) In Table 1 of Subpart RRR, Section
63.10(c)(15) shall be added under "Citation", next to which
shall be added "Yes." under "Applies to RRR."
(xxxx) Add the following language after Table 1 of
Subpart RRR: "[65 FR 15710, March 23, 2000; as amended
at 67 FR 59791, Sept. 24, 2002]".
[(yyyy) The definition of Secondary aluminum
production facility in Section 63.1503 shall be replaced
with the following language: "Secondary aluminum
production facility means any establishment using clean
charge, aluminum scrap, or dross from aluminum
production, as the raw material and performing one or
more of the following processes: scrap shredding, scrap
drying/delacquering/decoating, thermal chip drying,
furnace operations (i.e., melting, holding, sweating,
refining, fluxing, or alloying), recovery of aluminum
from dross, inline fluxing, or dross cooling. A secondary
aluminum production facility may be independent or
part of a primary aluminum production facility. For
purposes of this subpart, aluminum die casting facilities,
aluminum foundries, and aluminum extrusion facilities
are not considered to be secondary aluminum production
facilities if the only materials they melt are clean charge,
customer returns, or internal scrap, and if they do not
operate sweat furnaces, thermal chip dryers, or scrap
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1732 FINAL REGULATIONS
dryers/delacquering kilns/decoating kilns. The
determination of whether a facility is a secondary
aluminum production facility is only for purposes of this
subpart and any regulatory requirements which are
derived from the applicability of this subpart, and is
separate from any determination which may be made
under other environmental laws and regulations,
including whether the same facility is a ''secondary metal
production facility'' as that term is used in the Act and
Regulation 25 Section 3.0(A)(1)(i) (''prevention of
significant deterioration of air quality'')."
(zzzz) Paragraph 63.1510(f)(2)(ii) shall be replaced
with the following language: "Each continuous opacity
monitoring system must meet the design and installation
requirements of Performance Specification 1 in appendix
B to 40 CFR part 60 (July 1, 2002 edition)."
(aaaaa) Paragraph 63.1510(f)(3)(i) shall be replaced
with the following language: "Perform a visible emissions
test for each aluminum scrap shredder using a certified
observer at least once a day according to the
requirements of Method 9 in appendix A to 40 CFR part
60 (July 1, 2002 edition). Each Method 9 test must
consist of five 6-minute observations in a 30-minute
period; and".
(bbbbb) Paragraph 63.1511(c) shall be replaced
with the following language: "Test methods. The owner
or operator must use the following methods in appendix
A to 40 CFR part 60 (July 1, 2002 edition) to determine
compliance with the applicable emission limits or
standards:".
(ccccc) Paragraph 63.1512(a) shall be replaced with
the following language: "Aluminum scrap shredder. The
owner or operator must conduct performance tests to
measure PM emissions at the outlet of the control system.
If visible emission observations is the selected monitoring
option, the owner or operator must record visible
emission observations from each exhaust stack for all
consecutive 6-minute periods during the PM emission
test according to the requirements of Method 9 in
appendix A to 40 CFR part 60 (July 1, 2002 edition)."
(ddddd) Paragraph 63.1512(l) shall be replaced with
the following language: "Continuous opacity monitoring
system. The owner or operator of an affected source or
emission unit using a continuous opacity monitoring
system must conduct a performance evaluation to
demonstrate compliance with Performance Specification
1 in appendix B to 40 CFR part 60 (July 1, 2002 edition).
Following the performance evaluation, the owner or
operator must measure and record the opacity of
emissions from each exhaust stack for all consecutive 6-
minute periods during the PM emission test."]
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
GOVERNOR'S APPOINTMENTS 1733
BOARD/COMMISSION TERM OF
OFFICE APPOINTEE OFFICE
Board of Dental Examiners
Board of Geologists
Board of Medical Practice
Board of Pension Trustees
Child Protection Accountability Commission
Delaware Community Foundation
Delaware Economic and Financial Advisory
Council
Delaware Interscholastic Athletic Association
Delaware Nutrient Management Commission
Human Relations Commission
Organ and Tissue Donor Awareness Board
State Rehabilitation Advisory Council
Violent Crimes Compensation Board
Mr. Donald T. Collins 10/20/2003
Mr. Williams S. Schenck 4/10/2006
Vincent Lobo, Jr., D.O. 4/15/2006
Ms. Helen Foster Parson 3/27/2007
Ms. Jennifer Ranji Pleasure of the
Governor
Mr. Howard R. Layton Pleasure of the
Governor
Mr. Richard H. Derrickson Pleasure of the
Governor
Mr. David Link Pleasure of the
Governor
Mr. Gerald L. Allen 3/27/2006
Robert J. Andrzejewski, Ph.D. 3/27/2006
Mr. Kevin E. Carson 3/27/2005
Mr. James W. Harvey 3/27/2004
Jeffrey E. Hawtof, M.D. 3/27/2005
Ms. Susan S. Heiss 3/27/2004
Mr. Mark A. Holodick 4/2/2005
Mr. Walter E. Kee, Jr. 3/27/2006
Mr. Gerald W. Kobasa 3/27/2005
Ms. Phyllis R. Kohel 3/27/2006
Garrett B. Lyons, Jr., D.D.S. 3/27/2005
Mr. William C. Passwaters 3/27/2006
Mr. Robert D. Reed 3/27/2006
Mr. Zane Q. Robinson 3/27/2004
Ms. Kathleen H. Wilbur 3/27/2005
Mr. Ted C. Williams 3/27/2004
Sister Ann Michele Zwosta, OSF 4/2/2004
Mr. Darold M. Adkins 3/15/2006
Mr. Richard W. Sterling 3/15/2006
Ms. Eleanor M. Kiesel 4/24/2006
Mookkan Periyasamy, Ph.D. 4/24/2006
Ray A. Blackwell, M.D. 4/28/2006
Mr. James T. Quirk 4/28/2006
Mr. Jeffrey S. Ansley 4/24/2006
Ms. Leah Betts 4/17/2006
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1734 GENERAL NOTICES
DEPARTMENT OF HEALTH AND
SOCIAL SERVICES
DIVISION OF SOCIAL SERVICES
PUBLIC NOTICE
Rehabilitative Services/Community Support Services
Program
In compliance with the State's Administrative
Procedures Act (APA - Title 29, Chapter 101 of the
Delaware Code) and under the authority of Title 31 of the
Delaware Code, Chapter 5, Section 107, Delaware Health
and Social Services/Division of Social Services (DHSS/
DSS), pursuant to the notice requirements of 42 CFR
447.205, publishes this notice of proposed changes in
methods and standards for establishing payment rates under
the Delaware Medicaid/Medical Assistance Program
(DMAP). This notice is being given to provide information
of public interest with respect to the intent of DSS to submit
to the Centers for Medicare and Medicaid Services (CMS)
an amendment to the Title XIX Medicaid State Plan
regarding the Rehabilitative Services/Community Support
Services Program.
DMAP is proposing to change the rate-setting
methodology for the rehabilitative services option and to add
language to revise and clarify coverage policies. These
revisions and clarifications include the following:
• Division name change: DADAMH to the Division
of Substance Abuse and Mental Health (DSAMH);
• Add Rehabilitative Services Assistant to the list of
staff qualified to provide community support services;
• Psychosocial rehabilitative therapy will be provided
in 4-hour blocks, instead of 5-hour blocks;
• Residential Rehabilitation Services facilities shall
be required to comply with all applicable facility
licensing requirements;
• Delete from the list of limitations on services, the
following: 1) minimum of one face-to-face clinical
contact per week; 2) clients treated with psychotropic
drugs must be evaluated monthly face-to-face
by a physician; and 3) component services may not
be subcontracted to independent provider organizations.
• Allows DSAMH to move to uniform daily rates for
the services; essentially, from a fee-for-service to a
monthly case rate (per member per month for each
client who received a service during that month).
Any person who wishes to make written suggestions,
compilations of data, testimony, briefs or other written
materials concerning the proposed changes must submit
same to Sharon L. Summers, Policy and Program
Implementation Unit, Division of Social Services, P.O. Box
906, New Castle, Delaware 19720-0906 by June 30, 2003.
The action concerning the determination of whether to
submit to CMS an amendment to the Title XIX Medicaid
State Plan will be based upon the results of Department and
Division staff analysis and the consideration of the
comments and written materials filed by other interested
persons.
DSS PUBLIC NOTICE #03-14
REVISIONS:
Attachment 3.1-A
Page 6a
State: DELAWARE
LIMITATIONS ON REHABILITATIVE SERVICES
13d. Rehabilitative Services:
Rehabilitative Services are limited to: 1) community
support services for individuals who would benefit from
services designed for or associated with mental illness,
alcoholism or drug dependence, excluding those services of
an educational or vocational nature; and 2) day health and
rehabilitation services for individuals who would benefit
from services designed for or associated with the treatment
of mental retardation or developmental disabilities.
1) Community Support Services
ELIGIBLE PROVIDERS
Providers are organizations certified by the
Division of Alcoholism, Drug Substance Abuse and Mental
Health (Division) in accordance with the Delaware Medical
Assistance Program Medicaid Provider Manual for
Rehabilitative/Community Support Service Programs.
DEFINITION OF COMMUNITY SUPPORT
SERVICES
Community support services are medically
related treatment, rehabilitative and support services
provided through self-contained programs by teams of
clinicians, associate clinicians and assistant clinicians under
the supervision of a physician.
FREQUENCY, DURATION AND SCOPE
Community support services are provided, as
medically necessary subject to the limitations of the state
plan, to assist eligible persons cope with the symptoms of
their illnesses, minimize the effects of their disabilities on
their capacity for independent living and prevent or limit
periods of hospital treatment.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
GENERAL NOTICES 1735
Eligible recipients are Medicaid recipients who
would benefit from services designed for or associated with
mental illness, alcoholism or drug addiction. The provider's
physician must certify medical necessity for community
support services based on a completed comprehensive
medical/psycho-social evaluation.
QUALIFIED STAFF
Community support programs may bill
Medicaid for community support services only when
authorized as medically necessary by a physician and
delivered by qualified staff. Services rendered by any
qualified staff other than a physician must be provided under
a physician's supervision as defined in the Medicaid Provider
Manual for Rehabilitative/Community Support Service
Programs. Component community service activities require
specific staff qualifications as defined in the Medicaid
Provider Manual for Rehabilitative/Community Support
Service Programs. Following are illustrative definitions of
staff listed as qualified to provide one or more community
support service activities.
1. Physician: a person with a Medical
Degree or Doctor of Osteopathy degree, who is licensed to
practice Medicine in Delaware and has completed (or is
enrolled in) an accredited residency training program in
psychiatry, internal medicine or family practice.
2. Clinician: a person with a doctoral or
master's degree in psychology, social work, nursing,
rehabilitation or counseling from an accredited college or
university (or a registered nurse with a certificate in mental
health nursing from the American Nurses Association).
3. Associate Clinician: a person with a
bachelor's degree in a human service field or a registered
nurse.
4. Assistant Clinician: a person with an
associate degree, a licensed practical nurse or a certified
counselor lacking the academic credentials of an associate
clinician.
5. Rehabilitative Services Assistant: a person
with a high school diploma or GED who has received
documented training that shall, at a minimum, include: 1) a
complete course in medications used in the treatment used in
the treatment of mental illness including side effects
assigned; 2) a course in mental illness including symptoms
of the major mental illnesses, mood and personality
disorders; 3) a course in first aid, including CPR training.
A clinician with clinical/administrative
experience in provision of community support services
serves as program coordinator. A physician serves as
clinical supervisor, providing direct supervision of the
aspects of the program that relate to client treatment and
providing clinical supervision of staff. The physician is
available full- or part-time at provider sites to provide direct
service, to provide direct supervision to other staff, and to
participate in assessment of client needs and planning of
service provision. The physician has 24-hour backup
arrangements with other physicians for coverage when he/
she is unavailable.
COVERED SERVICES
Enrolled providers may bill Medicaid for
community support services when one or more of the
following community support service activities are rendered
to eligible recipients by qualified staff:
Comprehensive Medical/Psychosocial
Evaluation: A multi-functional assessment of the client
conducted by a physician (psychiatrist, internist or family
practitioner), and clinicians under the supervision of the
physician, to establish the medical necessity of provision of
services by the community support service provider and to
formulate a treatment plan.
The comprehensive medical/psychosocial
evaluation will be conducted with 30 days of admission to
the program and at least annually thereafter. It must be
documented in the client's record on forms approved by the
Division.
The comprehensive medical/psychosocial
evaluation will include the following assessments: 1) extent
and effects of drug and/or alcohol use; 2) medical systems
survey; 3) medication history; 4) psychiatric history and
mental status examination; 5) social history/update; 6)
quality of life inventory; 7) social skills and daily living
skills assessment; 8) diagnosis on all axes in accordance with
DSM-III-R criteria; and 9) clinical risk factors. The
evaluation will also include the formulation and review with
the client of an individual treatment plan.
Physician Services: Services provided within
the scope of practice of medicine or osteopathy as defined by
State law and by or under the personal supervision of an
individual licensed under State law to practice medicine or
osteopathy.
In the context of community support service
programs, physician services refer to medical or psychiatric
assessment, treatment, and prescription of pharmacotherapy.
Medical and psychiatric nursing services including
components of physical assessment, medication assessment
and medication administration provided by registered nurses
and licensed practical nurses are provided under personal
supervision of the physician.
Emergency Services: Therapy performed in a
direct and face-to-face involvement with the client available
on a 24-hour basis to respond to a psychiatric or other
medical condition which threatens to cause the admission of
the client to a hospital, detoxification or other crisis facility.
Emergency services are provided by a physician, clinician,
or associate clinician or rehabilitative services assistant.
Counseling and Psychotherapy: Counseling is
supportive psychotherapy performed as needed in a direct
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1736 GENERAL NOTICES
and face-to-face involvement with the client available on a
24-hour basis to listen to, interpret and respond to the client's
expression of her/his physical, emotional and/or cognitive
functioning or problems. It is provided within the context of
the goals of the program's clinical intervention as stated in
the client's treatment plan. Its purpose is to help the client
achieve and maintain psychiatric and/or drug/alcohol-free
stability. Its broader purpose is to help clients improve their
physical and emotional health and to cope with and gain
control over the symptoms of their illnesses and effects of
their disabilities. Counseling is provided by physicians,
clinicians, associate clinicians and assistant clinicians who
are credentialed counselors or learning and practicing under
direct supervision by a credentialed clinician.
In addition to supportive psychotherapy there
are several highly specific modalities of psychotherapy, each
based on an empirically valid body of knowledge about
human behavior. Provision of each requires specific
credentials. Although the nature of the client's needs and the
specific modality of therapy determine its duration,
psychotherapy has circumscribed goals, a definite schedule
and a finite duration. Examples include: psychodynamic
therapy, psychoeducational therapy, multi-family group
therapy, and cognitive therapy. The assessments, treatment
plans and progress notes in client records must justify,
specify and document the initiation, frequency, duration and
progress of such specialized modalities of psychotherapy.
Psychotherapy may be provided by physicians
and clinicians who are credentialed in specific modalities or
learning and practicing under the supervision of one who is
credentialed.
Psychiatric Rehabilitative Services:
Rehabilitative therapy provided on an individual and small
group basis to assist the client to gain or relearn skills needed
to live independently and sustain medical/psychiatric
stability. Psychiatric rehabilitation is provided primarily in
home and community based settings where skills must be
practiced. Psychiatric rehabilitative services are provided by
a physician, clinician, associate clinician, or assistant
clinician or rehabilitative services assistant.
Psychosocial Rehabilitation Center Services:
Facility based, group rehabilitative therapy for clients who
can not be adequately served through only individualized
home and community based psychiatric rehabilitative
services. Psychosocial rehabilitative therapy is provided to
assist the client to gain or relearn skills needed to live
independently and sustain medical / psychiatric stability.
Therapy is provided in 5 4-hour blocks for up to five days
per week at a psychosocial rehabilitation center facility.
Services are provided by a physician, clinician, associate
clinician, or assistant clinician or rehabilitative services
assistant.
Residential Rehabilitation Services: Facilitybased,
24-hour rehabilitative therapy for clients who can not
be adequately served through psychosocial rehabilitation
center and/or individualized home and community based
psychiatric rehabilitative services. Residential rehabilitation
services are provided to assist the client to gain or relearn
skills needed to live independently and sustain medical /
psychosocial stability. Residential Rehabilitation Services
are provided in a licensed mental health group home or a
licensed alcoholism and drug abuse residential treatment
program facilities shall be required to comply with all
applicable facility licensing requirements. Services are
provided by a physician, clinician, associate clinician, or
assistant clinician or rehabilitative services assistant.
Services must be authorized by a physician's
determination of medical necessity, must be supported by an
individual treatment plan signed by the physician and must
be supervised by a physician in a manner prescribed by the
Medicaid Provider Manual for Rehabilitative / Community
Support Service Programs.
LIMITATIONS
Services provided beyond 60 days following
entry to the program, or the anniversary date of entry to the
program, without completion of a comprehensive medical
and psychosocial assessment, treatment plan and physician's
certification of medical necessity are not reimbursable.
Psychosocial rehabilitation center services must be recertified
by the program physician every six months.
Vocational counseling, vocational training at a
classroom or job site, academic/remedial educational
services and services which are solely recreational in nature
are not reimbursable by Medicaid.
Services must be provided in accordance with
the Medicaid Provider Manual.
Providers must attempt to provide each client a
minimum of one face-to-face clinical contact per week.
Services provided in an institution for mental
diseases are not reimbursable.
Clients who are treated with psychotropic
medication must be evaluated monthly face-to-face by a
physician.
Component services of community support
service programs may not be sub-contracted to independent
provider organizations.
Room and board services are not coverable.
Attachment 4.19-B
Page 4
Reimbursement Methodologies for Rehabilitative Services:
1) Community Support Service Programs
General Provisions:
Payment for community support services is based
on a fee for service, the rates for which are calculated on a
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
GENERAL NOTICES 1737
prospective basis for each fiscal year. Rates exclude costs
related to room and board. Rates are based on the provider's
budget, projected census of active clients and productivity
standards of billable staff time. Rates are based on each
provider's projected operating expenses, and thus may vary
from provider to provider. For each provider, a single rate
will be paid for all service units, with the exception of
Psychosocial Rehabilitation Center and Residential
Rehabilitation Service units, the rates for which shall be
separately determined. These expenses are costs which are
allowable and reasonable as defined within the Division of
Alcoholism, Drug Abuse and Mental Health (DADAMH)
Provider Reimbursement Manual. Prospective costs are the
costs reported in each provider's annual budget submitted to
DADAMH in accordance with the Division's prescribed
methodology. Each provider's prospective budget and rate
per unit of community support service is subject to approval
by DADAMH. A rate setting committee (including
representatives of the Department of Health and Social
Services' Divisions of Social Services and Management
Services) recommends the rates to be established for each
provider by DADAMH. Providers are required to submit
quarterly cost/expenditure reports against the prospective
rate-setting budget.
Reimbursement Methodology for Community Support
Services
Rates for Community Support Services as defined in
Attachment 3.1-A will be established by a rate setting
committee composed of representatives of various Divisions
of the Delaware Department of Health and Social Services,
including the Division of Social Services (DSS), the
Division of Management Services, and the Division of
Substance Abuse and Mental Health.
Rates for all services with the exception of Psychosocial
Rehabilitation Center Services and Residential
Rehabilitation Services are to be set initially and for three
subsequent fiscal years based upon a trend analysis of
Medicaid expenditures for individualized home and
community based Community Support Services during the
base period of SFY 2000 through SFY 2002 and adjusted
thereafter by the rate setting committee.
Rates for Psychosocial Rehabilitation Center Services
and Residential Rehabilitation Services are provider specific
and are calculated by determining the total costs for each
provider of the respective services, including cost of services
to all clients regardless of Medicaid eligibility.
New Programs:
New providers will submit projected costs of services.
The rate setting committee will compare the provider's
proposed budget against a statewide model budget to
determine the reasonableness of various cost components.
The prospective rate for providers of new community
support service programs (other than Psychosocial
Rehabilitation Centers and Residential Rehabilitation) will
be initially set based on anticipated 40 percent utilization of
budgeted billable units in the first year, 70 percent in the
second year, 90 percent in the third year and 100 percent in
the fourth and successive years. Psychosocial Rehabilitation
Center services will be initially set based on anticipated 90
percent utilization of budgeted billable units in the first year,
and 100 percent in the second and successive years.
Residential Rehabilitation services will be established based
on an anticipated ongoing occupancy rate of 90 percent.
Rates for new providers will be set and reviewed semiannually
during the implementation years for each. Actual
provider utilization of budgeted billable units will be
monitored. A significant upward variation from that upon
which the rate was initially set will prompt a prospective
mid-year rate adjustment commensurately based upon
utilization during the previous period.
DIVISION OF SOCIAL SERVICES
PUBLIC NOTICE
Temporary Assistance to Needy Families (TANF)
Caseload Reduction Credit Report
Nature Of The Proceedings:
Delaware Health and Social Services ("Department") /
Division of Social Services initiated proceedings to provide
information of public interest with respect to the TANF
Caseload Reduction Credit Report for fiscal year 2003. The
Department's proceedings were initiated pursuant to 29
Delaware Code Section 10114 and its authority as prescribed
by 31 Delaware Code Section 512.
The Department published its notice of public comment
pursuant to 29 Delaware Code Section 10115 in the April
2003 Delaware Register of Regulations, requiring written
materials and suggestions from the public concerning the
proposed regulations to be produced by April 30, 2003 at
which time the Department would receive information,
factual evidence and public comment to the said proposed
changes to the regulations.
Summary of Temporary Assistance to Needy Families
(TANF)
Caseload Reduction Credit Report
Section 407(b)(3) of the Social Security Act (the ACT)
requires a reduction of the State's required participation rate
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1738 GENERAL NOTICES
for a fiscal year by the number of percentage points that the
average monthly number of families receiving assistance in
the State in the immediately preceding fiscal year is less than
the average monthly number of families that received
assistance in the State in fiscal year (FY) 1995.
The statute prohibits this reduction from including any
caseload declines due to requirements of Federal law or due
to differences in State eligibility criteria. This reduction in
the participation rate is termed the TANF Caseload
Reduction Credit.
To receive a caseload reduction credit, a State must
complete Form ACF-202, the Caseload Reduction Report, in
accordance with the regulations at 45 CFR 261.40 et seq.
The FY 2003 report provides the information needed to
calculate a caseload reduction credit (FY 2003 vs. FY 1995),
and thus determine the participation standard the State must
meet for the fiscal year. Form ACF-202 and Attachment 1 to
Form ACF-202 are available upon request via mail or fax.
ACF-202 TANF Caseload Reduction Credit Report
• Part I - Implementation of All Eligibility Changes
Made by the State Since FY 1995
• Part II - Application Denials and Case Closures, By
Reason
• Part III - Description of the Methodology Used to
Calculate the Caseload Reduction Estimates
(Attachment 1 to Form ACF-202)
• Part IV- Certification
Summary Of Information Submitted With Agency
Response
No comments were received during the public comment
period.
Findings Of Fact:
The Department finds that the Delaware TANF
Caseload Reduction Credit Report ("Report") for FiscalYear
2003, as set forth in the April 2003 Register of Regulations
should be adopted.
THEREFORE, IT IS ORDERED, that the Report is
adopted and shall be final effective June 10, 2003.
Vincent P. Meconi, Secretary, DHSS, May 15, 2003
Delaware TANF Caseload Reduction Credit Report for
FY 2003
Attachment 1 to Form ACF-202
Part III-Description of the Methodology Used to
Delaware AFDC/TANF Caseload for FY 95
and FY 02
FY 1995 monthly average caseload 10,775
FY 2001 monthly average caseload, actual
(= 5,469 TANF + 115 SSP families)
5,584
FY 2001 monthly average caseload, adjusted
for excess MOE spending
5,033
Caseload decline, FY1995 to FY 2002 (not
including the effect of eligibility changes)
5,742
Sources:FY1995 and FY2002 TANF
caseloads from ACF/OPRE; SSP caseload
from DE DSS
Calculate the Caseload Reduction Estimates
A. Actual Caseload Reduction and Adjustment for
Excess MOE Funds
• Taking into account the pro rata reduction in the
FY2002 caseload due to excess MOE spending,
Delaware's average monthly TANF caseload
declined by 39.8 percent between FY 1995 and FY
2002. This caseload reduction number includes
child-only cases, as instructed in ACF guidance.
• The following table shows how the pro rata reduction
for excess MOE was calculated.
• Because Delaware served its two-parent caseload
under a separate state program in FY
2002, and because the State met its all-family
work participation rate requirement in FY
2002, the relevant spending floor is 75 percent
of the basic MOE amount.
• The pro rata reduction takes into account the
use of federal TANF funds. The pro rata
reduction is calculated as the State excess
MOE divided by the average cost per case,
where cost is the sum of State and federal
TANF funds.
• The end result is a pro rata reduction of 551
cases. This number is subtracted above from
the actual FY 2002 monthly average caseload
to yield the adjusted FY2002 caseload of
5,742.
Pro Rata Reduction for Excess MOE
(a) DE FY1994
spending
$29,028,
092
(b) MOE (75% of
(a))
$21,771,
069
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
GENERAL NOTICES 1739
(c) DE FY2002
MOE
spending
$27,218,
130
(d) Federal TANF
block grant
funds spent in
FY2002
$27,980,
170
(e) Total TANF
spending for
FY2002
$55,198,
300
= (c) + (d)
(f) Average
spending per
case
$9,885 = (e) / FY2002 caseload
= (e)/ (5,469 TANF + 115
SSP)
(g) Excess MOE
for FY2002
$5,447,0
61
= (c) - (b)
(h) Cases funded
by excess
MOE
551 = (g) / (f)
B. Changes Required by Federal Law
1. Parents/caretakers must work after 24 months
of assistance or when job-ready
• The estimated impact of this federal policy on Delaware's
caseload is 0, because the State's "work for
your welfare" requirement effectively supplants the
federal policy. The caseload impact of the State
policy is described below in Section C.5.
2. Teen parents must live in adult-supervised
settings to receive assistance
• The estimated impact of this federal policy since
FY 1995 is 0, because the policy has been codified
in the State manual for many years prior to FY
1995.
3. A State must deny assistance for 10 years to a
person found to have fraudulently misrepresented
residence in order to obtain assistance in more than one
State
• For fraudulently misrepresenting residence, Delaware
removes the adult's needs from the grant, but
allows children to receive assistance. Although the
policy denies individuals rather than cases, it is possible
that a case could be denied if removing an
adult's needs reduces the payment standard for a
case so that it is no longer greater than countable
income. Delaware's automated TANF eligibility
system is currently unable to identify such
instances, if any exist.
4. A State must deny assistance for fugitive felons,
probation violators, or parole violators
• For fugitive felons, probation violators, and parole
violators, Delaware removes the adult's needs from
the grant, but allows children to receive assistance.
Although the policy denies individuals rather than
cases, it is possible that a case could be denied if
removing an adult's needs reduces the payment
standard for a case so that it is no longer greater
than countable income. Delaware's automated
TANF eligibility system is currently unable to identify
such instances, if any exist.
5. A State must deny assistance for certain
individuals convicted of drug-related felonies
• For persons convicted of drug-related felonies, Delaware
removes the person's needs from the grant,
but allows children to receive assistance. Although
the policy denies individuals rather than cases, it is
possible that a case could be denied if removing an
adult's needs reduces the payment standard for a
case so that it is no longer greater than countable
income. Delaware's automated TANF eligibility
system is currently unable to identify such
instances, if any exist.
6. Non-qualified aliens are ineligible for Federal
TANF assistance
• The total number of cases denied as non-qualified
aliens since the federal policy took effect is 88.
This includes denials in FY1998, FY1999, FY
2000, FY2001 and FY2002.
• The count of denied non-qualified aliens was
adjusted to account for the fact that some of these
cases would have left TANF for other reasons (e.g.,
due to employment or marriage) before or during
FY2002 if they had not been denied as non-qualified
aliens. See Section D for a description of this
adjustment.
C. State-Implemented Changes
1. Fill-the-Gap Budgeting for Earnings
• The average monthly number of cases in FY2002
that were subject to fill-the-gap budgeting for earnings
is 542. This number is based on a monthly
query to the Delaware Client Information System
(DCIS) on all open cases with earnings. Cases
were counted as subject to fill-the-gap budgeting
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1740 GENERAL NOTICES
for earnings in a month only if earnings minus
applicable disregards were above the payment standard
for the relevant family size.
2. Increased Resource Limit
• The average monthly number of cases open in
FY2002 because of the increased resource limits is
274. This number is based on a count of the number
of cases open in a month whose assets-cash
plus vehicle-were above the previous limits and
below the current limit.
• Some cases were subject to both the increased
resource limit and fill-the-gap budgeting for earnings.
To avoid such double-counting, the number
of cases open because of the increased resource
limit-274-excludes cases that were also open
due to fill-the-gap budgeting.
3. Sanctions for Noncompliance with Contract of
Mutual Responsibility (CMR) Provisions
• The average monthly number of cases closed in
FY2002 because of CMR sanctions is 548. This
number is based on monthly cumulative counts of
cases closed due to CMR sanctions for FY 1996
through September 2002.
• The CMR sanction is a graduated fiscal sanction.
Sanctions for noncompliance are initially $50 and
increase by $50 every month until there is compliance,
or until the sanction amount exceeds the grant
amount. Cases are counted as closed due to CMR
sanctions only when the sanction amount exceeds
the grant amount.
• The CMR count was adjusted to account for the fact
that some of these cases would have left TANF for
other reasons (e.g., due to employment or marriage)
before or during FY2002 if they had not been
closed due to CMR sanctions. See Section D for a
description of this adjustment.
4. Sanctions for Noncompliance with Employment
and Training Requirements
• The average monthly number of cases closed in FY
2002 because of noncompliance with employment
and training (E&T) requirements is 621.
• The sanction for noncompliance with E&T requirements
is a 1/3 reduction of the grant amount for the
first occurrence, a 2/3 reduction for the second
occurrence, and permanent case closure for the
third occurrence. Cases are counted as closed due
to E&T sanctions only for the third occurrence.
• Because the E&T level 3 sanction is permanent, the
number of cases closed due to E&T sanctions as of
the beginning of FY2002 is a cumulative count of
all cases closed prior to FY2002. To this number
we add the average monthly number of cases closed
due to E&T sanctions during FY2002.
• The E&T sanction count was adjusted to account
for the fact that some of these cases would have left
TANF for other reasons (e.g., due to employment
or marriage) before or during FY2002 if they had
not been closed due to E&T sanctions. See Section
D for a description of this adjustment.
5. Work for Your Welfare Requirement
• The average monthly number of cases closed in FY
2002 because of noncompliance with the "Work for
Your Welfare" work requirement is 989.
• The workfare count was adjusted to account for the
fact that some of these cases would have left TANF
for other reasons (e.g., due to employment or marriage)
before or during FY2002 if they had not been
closed due to noncompliance with the workfare
requirement. See Section D for a description of this
adjustment.
6. Time Limit
• Prior to January 2000, Delaware limited receipt of
Temporary Assistance to Needy Families (TANF) -
for families in the Time Limited Program-to 48
cumulative months, subject to compliance with
Contract of Mutual Responsibility and Work for
Your Welfare requirements.
• Effective January 1, 2000 the time limit for receipt
of TANF cash benefits is 36 cumulative months.
Individuals found eligible for TANF prior to January
1, 2000 will still have a 48 month time limit
even if they reapply for benefits after January 1,
2000.
• Thirteen (13) cases reached the four-year time limit
during FY 2002. No cases had reached the newer
three-year time limit by the end of FY 2002.
D. Impacts of Eligibility Changes: Adjusting for Cases
that Would Have Left TANF for Other Reasons
• As noted in ACF's guidance for submitting caseload
reduction credit information, "a State may
adjust its estimate of the impact of a change over
time to account for likely caseload decline that
would have occurred due to other factors, such as
earnings, not associated with any eligibility
change." A given cohort of TANF cases will leave
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
GENERAL NOTICES 1741
TANF over time, even absent sanctions and time
limits. Most research shows a monotonic decline
over time in the rate of TANF receipt for a given
cohort, even when recidivism is accounted for.
• We estimated the rate at which cases would have
left over time in the absence of eligibility changes
using TANF receipt rates for the control group
from the random assignment evaluation of the
State's ABC program. The control group is close to
an ideal counterfactual because control group members
were not subject to the eligibility changes. In
addition, the control group receipt rates are measured
taking into account recidivism.
• More specifically, we used TANF receipt rates for
control group cases that were ongoing at the point
of random assignment, because cases that are sanctioned
off or reach the time limit are ongoing cases
at the time they are sanctioned or reach the time
limit. Using TANF receipt rates for ongoing control
group cases is more conservative than using
TANF receipt rates for all control group cases,
because exit rates are lower for ongoing cases.
• The TANF receipt rates for ongoing control group
cases show that:
• On average over the first year since random
assignment, 5.1 percent of cases left TANF;
• On average over the two years since random
assignment, 7.1 percent of cases left TANF;
• On average over the three years since random
assignment, 15.4 percent of cases left TANF;
• On average over the four years since random
assignment, 43.3 percent of cases left TANF;
• On average over the five years since random
assignment, 63.3 percent of cases left TANF;
• On average over the six years since random
assignment, 79.0 percent of cases left TANF;
and
• On average over the seven years since random
assignment, 88.7 percent of cases left TANF.
• These net exit rates were applied to the counts of
cases that closed due to eligibility changes to get
the adjusted number of cases closed due to eligibility
changes. For example, the average monthly
number of cases closed due to CMR sanctions in
FY1998 was 489. Using the control group net exit
rates, we assume that 63.3 percent of these cases
would have left for other reasons by the end of
FY2002, so the adjusted number of cases closed
due to CMR sanctions in FY 1998 was 179, which
is 489*(1 - .633). A similar adjustment was made
to cases closed due to sanctions during other years.
• This approach has two limitations. First, ongoing
control group cases became subject to welfare
reform policies on average during follow-up quarter
6 or 7. Even so, few or no control group cases
would have reached the "work for your welfare"
two-year time limit before another eight quarters,
meaning follow-up quarters 14 or 15. The second
limitation is that, at this point follow-up data are
available only through quarter 10. Consequently,
net exit rates were extrapolated for quarters 11
through 20, because the adjustment requires exit
rates for five full years.
State _Delaware____________ Fiscal Year
_2003______
PART I - Implementation of All Eligibility Changes Made by the State Since FY 1995
#
Eligibility Change
Implementation Date Estimated Impact on
Caseload Since Change
(positive or negative
impact)
Changes Required by Federal Law
1 Parents/caretakers must work after 24 months of assistance March 1997 0
2 Teen parents must live in adult-supervised settings Prior to FY 1995 0
3 Deny assistance for 10 years for fraudulently misrepresenting residence
to obtain assistance in more than one State
March 1997 0
4 Deny assistance for fugitive felons, probation violators, or parole
violators
March 1997 0
5 Deny assistance for certain individuals convicted of drug-related felonies March 1997 0
6 Deny assistance to non-qualified aliens March 1997 -88
State-Implemented Changes
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1742 GENERAL NOTICES
Changes Related to Income and Resources
1 Fill-the-gap budgeting for earnings October 1995 +542
2 Increased resource limit October 1995 +274
Changes Related to Categorical or Demographic Eligibility Factors
None.
Changes Related to Behavioral Requirements
3 Contract of Mutual Responsibility sanctions October 1995 -548
4 Sanctions for noncompliance with employment and training
requirements
October 1995 -621
Changes Due to Full-Family Sanctions
Other Eligibility Changes
5 Work for your welfare requirement October 1995 -989
6 Time limit October 1995 -27
Estimated Total Net Impact on the Caseload of All Eligibility Changes -1,458
Total Prior Year Caseload 5,584
Estimated Caseload Reduction Credit 39.8 percent
(includes adjustment
for excess MOE)
State ___Delaware___________ Fiscal Year _2003______
PART II - Application Denials and Case Closures, By Reason
Fiscal Year 19951 Fiscal Year 2002
Reason for Application Denials Number Percentage Number Percentage
Failure to comply with procedural requirements 18 31.6 2,075 25.3
Income exceeds standards 15 26.3 3,460 42.2
Application withdrawn 14 24.6 0 0.0
No eligible child 0 0 1,542 18.8
Resources exceed limits 6 10.5 314 3.8
Not deprived of support or care 1 1.8 0 0.0
Ineligible alien 1 1.8 134 1.6
Other 2 3.5 672 8.2
1 Delaware's FY 1995 denial and closure numbers
are based on the State's quality control sample
Total Application Denials 57 100.1 8,197 100.0
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
GENERAL NOTICES 1743
Reasons for Case Closures Number Percentage Number Percentage
Failure to comply with procedural requirements 60 46.5 1,379 15.8
Earnings exceed standard of need 29 22.5 1,197 13.7
Voluntary withdrawal/recipient initiative 16 12.4 2,462 28.2
No longer eligible child 10 7.8 2,914 33.4
Moved or cannot locate 8 6.2 707 8.1
No longer deprived of support or care 3 2.3 0 0.0
Support increased from person inside or outside home 0 0 3 0.0
Resources exceed limits 0 0 60 0.8
Other cash income 2 1.6 0 0.0
Failure to comply with JOBS program requirements 0 0 0 0.0
Other 1 0.8 3 0
Total Case Closures 129 100.1 8,732 100.0
State ___Delaware___________Fiscal Year _2003______
Part III - Description of the Methodology Used to Calculate the Caseload Reduction Estimates
(attach supporting data to this form)
See attachment.
State __Delaware__________Fiscal Year _2003_____
PART IV -- Certification
I certify that we have provided the public an appropriate opportunity to comment on the estimates and methodology
used to complete this report and considered those comments in completing it. Further, I certify that this report incorporates
all reductions in the caseload resulting from State eligibility changes and changes in Federal requirements since FiscalYear
1995. (A summary of public comments is attached.)
_________________________________________
(signature)
________________________________________
(name)
________________________________________
(title)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1744 GENERAL NOTICES
DIVISION OF SOCIAL SERVICES
PUBLIC NOTICE
Medicaid/Medical Assistance Third Party Liability
(TPL) Program
REVISION OF THE REGULATIONS
OF DELAWARE'S TITLE XIX
MEDICAID STATE PLAN
ATTACHMENT 4.22-A, PAGE 1
Nature Of The Proceedings:
Delaware Health and Social Services ("Department") /
Division of Social Services / Medicaid/Medical Assistance
Programs initiated proceedings to amend the Title XIX
Medicaid State Plan to add Health Insurance Carriers to the
list of data exchange sources and types. The Department's
proceedings to amend its regulations were initiated pursuant
to 29 Delaware Code Section 10114 and its authority as
prescribed by 31 Delaware Code Section 512.
The Department published its notice of proposed
regulation changes pursuant to 29 Delaware Code Section
10115 in the April 2003 Delaware Register of Regulations,
requiring written materials and suggestions from the public
concerning the proposed regulations to be produced by April
30, 2003 at which time the Department would receive
information, factual evidence and public comment to the
said proposed changes to the regulations.
Summary of Proposed Amendment
Code of Federal Regulations, 42 CFR §§433.138 and
139 details state plan requirements to establish the legal
liability of third parties to pay for services under the state
plan and for payment of claims involving third parties.
In compliance with the State's Administrative
Procedures Act (APA - Title 29, Chapter 101 of the
Delaware Code) and under the authority of Title 31 of the
Delaware Code, Chapter 5, Section 107, Delaware Health
and Social Services/Division of Social Services (DHSS/
DSS) publishes this notice, pursuant to federal law and
regulations in Section §1902(a)(25) of the Social Security
Act, Title 19 requiring States take all reasonable measures to
identify legally liable third parties and treat verified TPL as a
resource of the Medicaid applicant or recipient; and,
providing for the collection of health insurance information.
This notice is being given to provide information of public
interest with respect to the intent of DSS to submit to the
Centers for Medicare and Medicaid Services (CMS) an
amendment to the Title XIX Medicaid State Plan to add
Health Insurance Carriers to the list of data exchange
sources and types.
The purpose of establishing and maintaining effective
TPL programs is to reduce Medicaid expenditures. Third
party resources are entities or individuals who are legally
responsible for paying the medical claims of Medicaid
recipients. A few common third party resources are
Medicare, health insurance, worker's compensation,
automobile medical insurance, and, medical support order.
TPL information is obtained by DSS primarily during the
Medicaid/Medical Assistance eligibility determination and
redetermination processes. Supplementing this initial
contact, DSS uses a combination of data matches/exchanges
with both public and private entities, edits within the
Medicaid Management Information System (MMIS), direct
inquiries to recipients, non-custodial parents, and other
potential liable parties. The intent of the state plan
amendment includes the requirement that health insurance
carriers provide data matches to update client/recipient third
party resources.
Any person who wishes to make written suggestions,
compilations of data, testimony, briefs or other written
materials concerning this notice must submit same to Sharon
L. Summers, Policy and Program Implementation Unit,
Division of Social Services, P.O. Box 906, New Castle,
Delaware 19720-0906 by April 30, 2003.
The action concerning the determination of whether to
adopt the proposed regulation will be based upon the results
of Department and Division staff analysis and the
consideration of the comments and written materials filed by
other interested persons.
Summary Of Comments Received With Agency
Response
The Governor's Advisory Council For Exceptional
Citizens (GACEC) and the Delaware Developmental
Disabilities Council (DDDC) offered the following similar
observations:
First, there is no definition of "health insurance
carriers". Informally, it is common to refer to an insured as
someone who "carries insurance" on self, spouse, or
children. Alternatively, a carrier may refer to an insurer or
provider of insurance. The term "carrier" does not appear in
relevant federal regulations, 42 CFR §§433.138-433.139.
The Council infers that DSS intends "carrier" to refer to an
insurer. It would be preferable to include a short definition
for clarity.
DSS Response: DSS refers to the terms "health
insurance" and "carriers" as defined in 18 Del. C. §§903 and
3602(3):
§ 903. "Health insurance" defined. Health insurance is
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
GENERAL NOTICES 1745
insurance of human beings against bodily injury,
disablement or death by accident or accidental means, or the
expense thereof, or against disablement or expense resulting
from sickness, and every insurance appertaining thereto.
§ 3602. Definitions. 3) "Carrier" means an entity
subject to the insurance laws and regulations of this State, or
subject to the jurisdiction of the Commissioner, that
contracts or offers to contract to provide, deliver, arrange
for, pay for or reimburse any of the costs of health care
services, including a sickness and accident insurance
company, a health maintenance organization, a nonprofit
hospital and health service corporation or any other entity
providing a plan of health insurance, health benefits or
health services.
Second, it is unclear how DSS intends to secure
cooperation from "carriers". In some contexts, the Centers
for Medicare and Medicaid Services expect the state
Medicaid agency to enter into agreements with entities to
receive data. It is unclear how DSS expects to obtain the
cooperation of "carriers" to submit data. See e.g., 42 CFR
§433.138(d)(4) and (h)(2) It is also unclear whether DSS is
prepared to pay "the reasonable costs incurred in furnishing
information" consistent with 42 CFR 433.138(i). It would
be useful if DSS could share its proposed methodology at
least in its commentary on the plan amendment.
DSS Response: Failure to comply with a request for
data exchange will result in a referral to the Delaware Office
of the Insurance Commissioner. The agency's contractor
conducting the data matches indicated they have had very
few problems with outright refusals. Reimbursement costs
varies and would be based on CPU costs and labor costs.
Most carriers produce the information needed for the data
match for their own purposes so there may be no incremental
costs. However, any requests for reimbursement for
reasonable costs would be honored.
Findings Of Fact:
The Department finds that the proposed changes as set
forth in the April 2003 Register of Regulations should be
adopted.
THEREFORE, IT IS ORDERED, that the proposed
regulations of the Medicaid/Medical Assistance Programs
related to the Third Party Liability Program be adopted and
shall be final effective June 10, 2003.
Vincent P. Meconi, Secretary, DHSS, May 15, 2003
DSS FINAL ORDER REGULATIONS #03-16
ATTACHMENT 4.22-A
Page 1
OMB NO.:0938-0193
STATE PLAN UNDER TITLE XIX OF THE SOCIAL
SECURITY ACT
State/Territory: DELAWARE
Requirements for Third Party Liability (TPL) -
Identifying Liable Resources
1. Frequency of TPL matches:
a. SSA wage - quarterly
b. IV-A agency - in Delaware is the same as the
Title XIX agency and updates are available, daily
c. State Workmen's Compensation files - weekly
d. Motor vehicle - not computerized - no match
available
e. SWICA - quarterly
f. Health Insurance Carriers - biannually
2. Follow-up requirements of 42 CFR 433.138 (g) (1) (i)
and (g) (2) (i) :
As soon as any matches on employers are received by
the Delaware Client Information System (DCIS), the system
will automatically generate a letter to the employer to verify
health insurance coverage. This action will be taken within
30 days of the receipt of match data.
3. State motor vehicle match is unavailable because the
information needed for TPL is not carried in the State's
motor vehicle automated system.
4. Trauma code reports are produced weekly by the fiscal
agent. The TPL unit sends an accident inquiry form to the
client/provider within two weeks regarding potential TPL.
Positive responses result in a request for claims history and
subsequent bills generated to the applicable insurance
company or attorney. Any information on ongoing legally
liable third party resources is immediately entered into the
third party database, which is part of the MMIS.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1746 CALENDAR OF EVENTS/HEARING NOTICES
DEPARTMENT OF
ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
BOARD OF NURSING
The Delaware Board of Nursing in accordance with 24
Del.C. 1906(1) has proposed to revise the Rules and
Regulations regarding Board committees.
The proposed revisions to Section 12 of the Board's
Rules and Regulations will define selection of committee
members, term limits, and committee attendance.
A public hearing will be held on Wednesday, July 9,
2003 at 9:00 a.m. in the second floor Conference Room A,
Cannon Building, 861 Silver Lake Boulevard, Dover,
Delaware.
Anyone desiring a copy of the proposed new section of
the Rules and Regulations may obtain a copy from the
Delaware Board of Nursing, 861 Silver Lake Boulevard,
Cannon Building, Suite 203, Dover, DE 19904, (302) 744-
4516 or 744-4515. Persons desiring to submit written
comments on the revised rules and regulations may forward
these comments to the above address. The final date to
receive written comments will be July 9, 2003.
DEPARTMENT OF AGRICULTURE
NUTRIENT MANAGEMENT PROGRAM
PLEASE TAKE NOTICE that, pursuant to 3 Del.C.
§§ 2220 and 2221, the Department of Agriculture has
developed, in conjunction with the Delaware Nutrient
Management Commission, and proposes to adopt
regulations establishing requirements for implementation of
mandatory nutrient management plan reporting pursuant to
Delaware's nutrient management laws (3 Del.C. Chapter 22)
and Section 5, 72 Del. Laws, c. 60, and for persons selected
for mandatory nutrient management plan reporting to
register with the Commission. These regulations are
proposed to meet the mandate set forth in Section 5, and also
3 Del.C. Chapter 22, and put into effect the purpose of that
chapter to help improve and maintain the quality of
Delaware's ground and surface waters in the interest of the
overall public welfare. These proposals represent new
substantive and procedural regulations in areas not
previously regulated, and their term shall be permanent
unless subsequently amended or repealed in accordance with
the Administrative Procedures Act (29 Del.C. Chapter 101).
The Department of Agriculture, in conjunction with the
Delaware Nutrient Management Commission, will receive
and consider input in writing from any person on the
proposed regulations. Any written comments should be
submitted to the Department and the Commission in care of
William R. Rohrer, Nutrient Management Program
Administrator, at the Department of Agriculture, 2320 South
DuPont Highway, Dover, Delaware 19901. The final date to
submit written comments shall be July 1, 2003. Copies of
the proposed regulations may be obtained by contacting Mr.
Rohrer.
THOROUGHBRED RACING COMMISSION
The Commission issues these proposed rules pursuant to
3 Del. C. §10103 and 29 Del. C. §10115. The Commission
will accept written comments from June 1, 2003 through
June 30, 2003. The Commission will hold a public hearing
on the proposed rule amendments on June 30, 2003 at 10:00
a.m. at Delaware Park, 777 Delaware Park Boulevard,
Wilmington, DE. Written comments should be submitted to
John F. Wayne, Administrator of Racing, Department of
Agriculture, 2320 S. DuPont Highway, Dover, DE 19901.
These rules were published in the May, 2003 Register with a
listed public hearing date of May 21, 2003. However, due to
a scheduling issue, the public hearing can not be held on
May 21, 2003 so the Commission is resubmitting the rules
for publication.
The Commission proposes the following three rule
amendments:
1) amend Rule 1.28 to clarify the definition of
"Meeting" to include all race dates approved by the
Commission under 3 Del. C. §10122(c);
2) amend Rule 3.02(a) to clarify that the authority of
the Stewards at the Meeting shall be during the period as
required by the Commission; and
3) amend Rule 19.01(d) to provide that one steward
may hold a hearing during emergencies or during periods
when there is no live racing.
STATE BOARD OF EDUCATION
The State Board of Education will hold its monthly meeting
on Thursday, June 19, 2003 at 1:00 p.m. in the Townsend
Building, Dover, Delaware.
DEPARTMENT OF FINANCE
DIVISION OF REVENUE
OFFICE OF THE STATE LOTTERY
The Lottery issues these proposed amendments pursuant
to 29 Del. C. §4805(a) and 29 Del. C. §10115. The Lottery
will accept written comments from June 1, 2003 through
June 30, 2003. The Lottery will hold a public hearing on the
proposed amendments on June 26, 2003 at 3:00 p.m. at the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
CALENDAR OF EVENTS/HEARING NOTICES 1747
Delaware Lottery Office, 1575 McKee Road, Suite 102,
Dover, DE 19904-1903. Written comments should be
submitted to Wayne Lemons, Lottery Director, at the same
above-listed address.
The Lottery proposes to amend Video Lottery
Regulation as follows:
1. amend Video Lottery Regulation 5.2.1(2) to
provide that the maximum bet of $100 is subject to Video
Lottery Regulation 7.3 which permits the Director to
authorize extended plays or games on a video lottery
machine;
2. amend Video Lottery Regulation 6.10 to
provide that video lottery agents exercise caution and good
judgment in extending credit and act in compliance with all
federal and state laws;
3. repeal Video Lottery Regulation 6.18 which
prohibits video lottery agents from providing financial
assistance or credit to players;
4. amend Video Lottery Regulation 6.30 to
provide that no automated teller machine may be within
twenty-five feet of any video lottery machine;
5. amend Video Lottery Regulation 7.2 to lower
the minimum bet on video lottery machines from $.05 to
$.01;
6. amend Video Lottery Regulation 7.3 to provide
that the Director may authorize extended plays and games on
video lottery machines which are not subject to the $100
maximum bet.
DEPARTMENT OF HEALTH AND
SOCIAL SERVICES
DIVISION OF LONG TERM CARE RESIDENTS
PROTECTION
DIVISION OF SOCIAL SERVICES
Regulation 55.0, Neighborhood Homes for Persons with
Developmental Disabilities
PUBLIC NOTICE
The Department of Health and Social Services (DHSS),
Division of Long Term Care Residents Protection
(DLTCRP), has drafted regulations replacing in their
entirety regulations pertaining to Neighborhood Homes. In
addition to replacing regulations currently enforced by
DLTCRP, these regulations incorporate Certification
Standards enforced by the Division of Developmental
Disabilities Services (DDDS), but not previously
promulgated as regulations. These proposed regulations also
replace the DDDS Certification Standards in their entirety.
The proposed regulations address provisions required of
Neighborhood Homes including general licensing
requirements, provider performance standards, services
required for persons residing in Neighborhood Homes,
environmental, medical, transportation, and safety standards.
INVITATION FOR PUBLIC COMMENT
Public hearings will be held as follows:
Tuesday, July 1, 2003, 9:00 AM
Room 198, Main Building
Herman Holloway Campus
1901 North DuPont Highway
New Castle
Wednesday, July 2, 2003, 10:00 AM
Department of Natural Resources &
Environmental Control Auditorium
89 Kings Highway
Dover
For clarification or directions, please call Gina
Loughery at 302-577-6661.
Written comments are invited on these proposed
regulations and should be sent to:
Katie McMillan
Division of LongTerm Care Residents Protection
3 Mill Road, Suite 308
Wilmington, DE 19806
Written comments will be accepted until the conclusion
of the July 2 public hearing.
DIVISION OF SOCIAL SERVICES
PUBLIC NOTICE
State-Funded Medical Assistance Program
In compliance with the State's Administrative
Procedures Act (APA - Title 29, Chapter 101 of the
Delaware Code) and under the authority of Title 31 of the
Delaware Code, Chapter 5, Section 107, Delaware Health
and Social Services/Division of Social Services (DHSS/
DSS), publishes this notice of proposed changes to the Statefunded
medical assistance program. The proposed changes
in the Division of Social Services Manual (DSSM) amends
the rules used to determine eligibility for the State-funded
medical assistance program in order to sustain the current
program.
Any person who wishes to make written suggestions,
compilations of data, testimony, briefs or other written
materials concerning the proposed changes must submit
same to Sharon L. Summers, Policy and Program
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
1748 CALENDAR OF EVENTS/HEARING NOTICES
Implementation Unit, Division of Social Services, P.O. Box
906, New Castle, Delaware 19720-0906 by June 30, 2003.
The action concerning the determination of whether to
adopt the proposed regulation will be based upon the results
of Department and Division staff analysis and the
consideration of the comments and written materials filed by
other interested persons.
DEPARTMENT OF NATURAL
RESOURCES AND
ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
AIR QUALITY MANAGEMENT SECTION
Title Of The Regulations:
ESTONE
ng Adequate
Ozone.
MIL COMPLIANCE
KENT AND NEW CASTLE
Progress toward
National Ambient Air Quality
Brief Synopsis Of The Subject, Substance And Issues:
The Clean Air Act Amendments of 1990 (CAAA)
requires Delaware to submit to the US Environmental
Protection Agency (EPA) a State Implementation Plan (SIP)
revision for each of the milestone years (1996, 1999, 2002,
and 2005) to demonstrate that the actual emissions of
volatile organic compounds (VOC) and/or oxides of nitrogen
(NOx) in Kent and New Castle Counties do not exceed the
required emission targets specified in Delaware's Rate-of-
Progress Plans. The document proposed herein is for the
milestone year of 1999, and thus termed as Delaware's 1999
Milestone Compliance Demonstration.
Notice Of Public Comment:
A public hearing will be held on June 26, 2003,
beginning at 6:00 pm in the DNREC Auditorium, 89 Kings
Highway, Dover, DE 19901.
Prepared By:
Frank F. Gao, Project Leader, (302) 323-4542, May 14,
2003
DIVISION OF AIR AND WASTE MANAGEMENT
AIR QUALITY MANAGEMENT SECTION
Title Of The Regulations:
AMENDMENTS TO DELAWARE PHASE II
ATTAINMENT DEMONSTRATION For The Philadephiawilmington-
trenton Ozone Non-attainment Area Including A
Revision Of The 2005 Mobile Source Emission Budgets
Using Mobile6.
Brief Synopsis Of The Subject, Substance And Issues:
The Clean Air Act Amendments of 1990 (CAAA)
requires Delaware to develop and submit to the U.S.
Environmental Protection Agency (EPA) a State
Implementation Plan (SIP) revision to demonstrate its
capability of attaining the 1-hour ozone National Ambient
Air Quality Standard in 2005. This SIP revision, termed as
the Phase II Attainment Demonstration, was originally
developed and submitted to EPA in May 1998. The SIP
revision was amended in January 2000, December 2000, and
July 2001. The purpose of this action is to amend the Phase
II Attainment Demonstration to reflect changes in the 2005
mobile source emission budgets using the new MOBILE6
emission model. No other changes to the plans are proposed.
Notice Of Public Comment:
A public hearing will be held on June 26, 2003
beginning at 6:00 PM in the DNREC Auditorium, 89 Kings
Highway, Dover, Delaware.
Prepared By:
Frank F. Gao, Project Leader, (302) 323-4542, May14,
2003
DIVISION OF FISH AND WILDLIFE
Title Of The Regulations:
Horseshoe Crab Regulations
Brief Synopsis Of The Subject, Substance And Issues:
This regulatory package consists of a comprehensive
revision, re-titling, and re-numbering of Shellfish
Regulations S-50 through S-61, plus new regulations
specific to horseshoe crabs. This revision will create a
stand-alone section in the Shellfish Regulations specific to
horseshoe crabs. This regulatory package establishes a
seasonal closure on horseshoe crab harvesting, proposes
yearly harvest limits, defines what percentage of the total
annual harvest may be taken in dredges prior to the seasonal
closure, eliminates by-catch provisions, refines licensing and
reporting requirements, sets limits on the amount of
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
CALENDAR OF EVENTS/HEARING NOTICES 1749
horseshoe crabs that may be used as bait in any one shellfish
or finfish pot, and requires the use of bait saving devices
when horseshoe crabs are used as bait in conch pots.
Notice Of Public Comment:
Individuals may present their opinions and evidence
and/or request additional information by writing, calling or
visiting the Fisheries Section, Division of Fish and Wildlife,
89 Kings Highway, Dover, Delaware 19901, (302)739-3441.
A public hearing on these proposed amendments and new
regulations will be held at the Department of Natural
Resources and Environmental Control Auditorium at 89
Kings Highway, Dover, DE at 7:30 PM on June 23, 2003.
The record will remain open for written, faxed, or e-mailed
comments until 4:30 PM June 30, 2003. E-mail should be
addressed to Roy.Miller@state.de.us.
DELAWARE RIVER BASIN
COMMISSION
25 STATE POLICE DRIVE
P.O. BOX 7360
WEST TRENTON, NJ 08628-0360
The Delaware River Basin Commission will meet on
Thursday, June 26, 2003 in West Trenton, New Jersey. For
more information contact Pamela M. Bush, Commission
Secretary and Assistant General Council, at (609) 883-9500
ext. 203.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003
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DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 12, SUNDAY, JUNE 1, 2003